Tagged: Informants

Court of Appeals Affirms Grant of New Trial After Prosecutor Failed to Disclose Deal with Testifying Co-Defendant

On May 8, 2018, in State v. Dean, the South Carolina Court of Appeals affirmed the grant of a new trial because the prosecution did not disclose its deal with a testifying co-defendant. The failure to disclose resulted in a denial of due process and the right to confront the witness. Click this link to […]

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To Obtain a Search Warrant, Law Enforcement Must Provide Judge Information About the Informant’s Credibility

On April 23, 2014, the Court of Appeals decided State v. Robinson, holding that law enforcement did not provide the judge information about the informant’s credibility that is necessary to support the issuance of a search warrant.  Robinson is significant because it rejected an unsubstantiated statement—that is far too common–contained in the search warrant affidavit […]

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Informants in Drug Cases Part Two: Hand-to-Hand Transactions Participants & Witnesses

A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case.  The answer turns, in part, on whether the informant is a “mere tipster” or actually participated in or witnessed a hand-to-hand transaction.  This blog post […]

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Informants in Drug Cases Part One: “Mere Tipsters”

A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case.  The answer turns, in part, on whether the informant is a “mere tipster” or actually participated in a hand-to-hand transaction.  This blog post addresses the […]

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