An informant is an individual that provides law enforcement officers with information about an individual or a criminal activity. Informants may be sought out by law enforcement officers or may just be present at the time that a crime occurred. There are numerous types of informants. The types of informants include:
- Identified bystander.
- Paid or professional informant.
- Informant who participated in the crime.
- Cellmate informant.
There are many concerns surrounding information obtained from an informant. For example, if the informant is a professionally paid informant, the question may arise regarding their veracity and basis for knowledge. If the informant was involved in the criminal act, the question may arise of whether the informant is telling the truth or fabricating the truth in order to make the situation better for him.
Informant Test
The test used to determine whether the informant is being truthful with respect to the information disclosed to law enforcement officers is to analyze the totality of the circumstances. The informant's veracity and basis of knowledge are highly relevant, but both must be analyzed in the context of the totality of the circumstances. The totality of the circumstances test requires analysis of all of the facts and circumstances surrounding the informant's ability to obtain information and the information obtained.
There are various ways that the informant's reliability may be established. First, the reliability of the informant may be established if the informant's declaration is corroborated by other evidence. Second, the informant's credibility may be established by the informant's past performance. Last, the informant's credibility may be established by corroboration based upon the informant's accurate predictions.
Probable Cause and Warrants
Once the informant gives the information that he obtained to law enforcement officers, if the evidence is sufficient to show that probable cause exists that an individual is engaged in criminal activity, the trial judge or magistrate will likely issue a warrant. Typically, the informant will sign an affidavit claiming that his statements are true. Depending upon what type of warrant is sought by law enforcement officers, a search or arrest warrant may be issued by the trial judge or magistrate. If the individual is charged with an offense, the informant may be required to testify at the individual's trial. However, if the informant is considered a confidential informant, he may not be required to testify depending on the circumstances of the particular case. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |