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coh BH i a tie SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 wid tobi i i criminal transaction. This is especially true if other e are available and there is no substantial conflict in the Informants should be alerted to note the identities of ot if they are present during @ criminal act. (2) Disclosure probabilities increase when a participates in the criminal enterprise. In this regard, have drawn a distinction between cases in which an inform full participant in the criminal act, and those in which involved only in the preliminary stages of the case. For an informant's role was limited to simply introducing Gov agents to potential defendants, and setting the stage for criminal transactions, disclosure frequently is denied, e the informant did not actually witness the criminal trans (3) But when an informant is an actual party illegal act, disclosure is more likely. Some courts req disclosure (on demand by the defense) when an informant participant. But others inquire into the details of the possible testimony before ruling on the motion. (See Sec below.) *kEfEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: 8-4.2.2 Substance of Informant's Potential Testimony (See 8-4.2.1 (3).) When deciding whether disclosure is appropria courts require the defendant to make a factual showing t informant's possible testimony would be relevant and hel defense. camera (in chambers) examinations of informants or their is determined that an informant's possible testimony wou value to an accused, the motion for disclosure is usually However, if an informant's knowledge would be relevant a an accused, a judge frequently will order disclosure. 1 Div: D9 *kEFFDte: 05/01/1985 MCRT#: 0 Cav: 8-4.2.3 Theory of the Defense The fact that an informant's knowledge of a helpful to the accused does not mean disclosure will be : The court must determine if the 1nformant's information assistance to the particular defense asserted by the accu yeuttnesses r testimony. her witnesses n informant some courts t was a e/she was example, if ernment subsequent RPecially if ction. to an ire automatic sa informant 's tion 8-4.2.2 SecClis: te, some at an ful to the In making this determination, trial judges often conduct in files. If it lid be of no denied. d helpful to SecCls; rime might be utomatic. ill be of sed. For example, information which is pertinent to the defense of misidentification might be of little or no value to an e defense. SENSITIVE Printed: 08/20/2003 06:43:34 trapment 9 Page