New Bulletin on Confidential Informants in North Carolina: Discovery, Audio/Video Recordings, and Motions to Reveal Identity – North Carolina Criminal Law

Regulation enforcement officers commonly work with Confidential Informants (CIs) when investigating organized crime or constructing instances towards people in management positions inside prison enterprises. CIs are mostly concerned in drug instances, starting from high-level trafficking to street-level dealing, however they might additionally play a job within the investigation of different crimes resembling bribery, fraud, or firearms trafficking.

When instances involving CIs make it to North Carolina courts, troublesome questions usually come up as to tips on how to stability the state’s curiosity in sustaining the confidentiality of the informant’s identification with the defendant’s rights to a good trial and open-file discovery. These questions transcend the standard binary of whether or not the CI’s identification ought to or shouldn’t be revealed to the protection. See Roviaro v. United States, 353 U.S. 53 (1957). Particularly as know-how evolves and CI exercise is commonly captured via audio/video recordings, judges should navigate difficult choices relating to exactly what must be turned over to the protection.

Though these discovery points could seem mundane on first blush, the dilemmas that come up are necessary and nuanced. The questions have a constitutional dimension in that they implicate the defendant’s due course of and confrontation rights, together with facets of statutory and caselaw interpretation.

Common readers of this weblog can be conversant in the multi-part sequence of posts I wrote on CIs. I’ve taken this materials and mixed it into one useful resource, a bulletin on CIs in North Carolina: Discovery, Audio/Video Recordings, and Motions to Reveal Identification. Along with questions resembling tips on how to decide when the CI’s identification and recordings of CI exercise should be turned over to the protection, the bulletin additionally addresses sensible questions relating to the administration of discovery, “principal occasions” vs. “lead-up buys,” the “CI file,” and points arising on the movement to suppress stage.

As most of the points are novel and discovery litigation hardly ever percolates as much as our appellate courts, relevant North Carolina regulation is comparatively scarce. Thus, the bulletin seems to be to different jurisdictions- not simply state courts, however particularly federal district courts that commonly deal with problems with discovery- for steering on these matters.

The bulletin will be discovered right here. I’d recognize any suggestions you’ll have. You may electronic mail me at spiegel@sog.unc.edu or depart feedback under.