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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 | nee conduct must be balanced against the individual's right t his/her defense. Diverse holdings often result. Neverth guidance can be gained by examining the settings in which motions are made. Div: D9 **EfEDte: 05/01/1985 MCRT#: 0 Cav; 8-4.1 Pretrial Hearings Often a defense motion for disclosure is made purpose of attacking, on Fourth Amendment grounds, the Go case at a pretrial stage, such as a preliminary examinati suppression hearing. In discovering the informant's iden defense may hope to use the informant as a witness, and e the information he/she furnished did not constitute proba arrest. The majority rule is that there is no constituti requirement for disclosure when the sole issue is probabl Thus, most courts deny defense motions made for that purp hearsay is admissible on the issue of probable cause (Age testify to what the informant said), it is unnecessary to disclosure for a probable cause hearing. Additionally, t informant information may be used in complaints and affid divulging the identity of the source, militates against ¢ disclosure. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: 8-4.2 Trial At trial, the issue is guilt or annocence, no cause, and thus different considerations bear on the ques disclosure. As a general rule, if the court determines t disclosure would be relevant and helpful to the defense, to a fair determination of the case, it will grant the de motion. Again, the courts weigh the defendant's need to his/her defense against the Government's interest in pres informant's anonymity. Many factors go into this determi Among them are the informant's role in the case, the avai other witnesses, the substance of the informant's testimo as a witness, and the theory of the defense. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cavs: 8-4.2.1 Role of Informant (1) Generally the courts will not require di an informant's activities were limited to being a witness SENSITIVE b prepare eless, some disclosure SecCls: for the vernment's on or ity, the teablien that le cause for nal cause. se. Because ats can require e fact that frst without quiring SecCls: t probable tion of at r essential endant 's repare rving its ation. ability of y, 1£ called f f SecCls: sclosure if toa Printed: 08/20/2003 06:43:34 8 Page