What Are Indiana’s Confidential Informant Laws in Drug Cases?
Were you recently arrested for a drug offense in the Indianapolis area based on information that came from a confidential informant (or “CI,” for short)? Law enforcement officials frequently use confidential informants when they are investigating alleged drug crimes and seeking to make arrests. Yet it is important for you to know that there are laws concerning the use of confidential informants in drug offenses and other criminal cases in the state. Whether you are facing charges or a loved one is facing charges, it may be possible to build a strong defense or to have the charges dismissed if confidential informant laws were not followed.
Our Indianapolis drug crime defense attorneys can tell you more about Indiana’s confidential informant laws, and we can explain in more detail how it may be possible to build your defense based on a violation of those laws. Consider the following information, and then reach out to our firm to learn more about how we can assist you and your family with your drug crime defense.
What is a Confidential Informant?
To gain a clear understanding of Indiana’s confidential informant laws under IC 35-33.5, it is important to know how to define a confidential informant. Generally speaking, according to the US Department of Justice’s Office of Justice Programs, a confidential informant can be understood broadly as “a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent.”
In order for information from a confidential informant to be used against a person in a drug case in Indiana, the police or law enforcement must comply with specific confidential informant laws in the Indiana Code.
Understanding Indiana’s Confidential Informant Laws
Under IC 35-33.5, there are specific requirements for evaluating the reliability of the confidential informant’s information and credibility, when a confidential informant’s information can be used to conduct a search or to obtain a warrant, and when a confidential informant’s identifying information must be disclosed.
In determining whether a confidential informant’s information provided sufficient probable cause for a warrant or for a warrantless search, courts will look at the totality of circumstances, including whether or not there was corroborating information. When law enforcement relies on information from a confidential informant to conduct electronic surveillance, the law enforcement officer must provide a range of information, including information about the credibility of the confidential information and details that establish how the confidential informant has the knowledge they have.
In cases where there was insufficient evidence to establish the credibility of the confidential informant, or where law enforcement did not comply with requirements set forth in the Indiana Code, it may be possible to exclude any evidence that came from a tip provided by the confidential informant.
Contact an Indianapolis Drug Crime Defense Lawyer Today for Assistance
Are you currently facing drug crime charges involving information from a confidential informant? Or has a family member been arrested for a drug offense based on information that came from a confidential informant? It is essential to seek legal advice from one of the experienced Indianapolis drug crime defense lawyers at Rigney Law LLC as soon as possible. We can assess your case and begin developing a defense strategy.
Sources:
law.justia.com/codes/indiana/title-35/article-33-5/chapter-5/
ojp.gov/ncjrs/virtual-library/abstracts/confidential-informant