How Do I Learn the Identity of a Confidential Informant, Snitch or Jailhouse Informant in Minnesota?

The Confrontation Clause in the Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with a witness against him.”  The purpose of the Confrontation Clause is to make sure a Defendant can’t be convicted with statements without the ability to confront their accuser in Court.  That is all well and good but what happens when the State wants to use Confidential Informants (CIs), Snitches or Jailhouse Informants without disclosing their identities? This is where the fight frequently begins. If you are facing serious criminal charges in Minnesota and there is a Confidential Informant component, you need to have an experienced criminal defense attorney by your side. Contact Jack Rice Defense for a free confidential consultation.

You Get What You Pay For

While the stated goal of County Attorney Offices in Minnesota is justice, what happens if Prosecutors get convictions by using Confidential Informants (CIs), Snitches or Jailhouse Informants? What happens if these same people are criminals themselves who get “Get out of Jail Free Card” by providing questionable information to the police? What are people like this willing to say or do in order to get out of trouble themselves? How many times have they done this in the past? What other incentives have they received to say what they say? Don’t you get what you pay for? These are all legitimate questions. Now, imagine what happens if the Prosecutors and police decide that they want to hide the identity of these very same Confidential Informants (CIs), Snitches or Jailhouse Informants. This takes us back to this concept of the Confrontation Clause of the Sixth Amendment and the right that somebody charged with a crime has the right to confront those who are making allegations against them. Is it possible to force the State to disclose the identity of these people?

How Do You Force Disclosure

According to the Minnesota Supreme Court, there is a four factor test to determine whether the Court will force the Prosecutors to disclose the Informant’s identity.  The four factors include:

• Whether the Informant is a Material Witness;

• Whether the Informant’s testimony would be material to the issue of guilt;

• Whether the State’s evidence is suspect; and

• Whether the Informant’s testimony might disclose entrapment.

The Court uses a balancing test between a Defendant’s right to prepare a defense and the public’s interest in effective law enforcement.  In the end, the Court really looks at whether disclosure is necessary to a fair determination of the Defendant’s guilt.  

In the event that the Court refuses to compel the Prosecutors to disclose the identity of the CI, Snitch or Jailhouse Informant, a good Minnesota criminal defense attorney needs to seek what is called non-identifying information.  This is information that doesn’t tend to reveal identity but may be helpful determining the quality of the evidence the Prosecutors are trying to present.  This may include:

• Any information concerning plea bargain or benefits received;

• Copies of any evidence created in connection with the case itself.

How Does a Board Certified Criminal Law Specialist Help?

When looking at the State’s case, evidence has to come from somewhere. However, what happens if all of it points to an elusive CI, Snitch or Jailhouse Informant?  What happens when they don’t want to disclose that person?  As a former prosecutor, Board Certified Criminal Law Specialist and founder of Jack Rice Defense, Jack knows how to look at a file and understand where the evidence is coming from, how dependent the State is on the informants and even how far they may go to protect them. There are even some cases where the State would rather dismiss a charge rather than disclose the identity of a confidential informant, snitch or jailhouse informant. This is how dependent the State can be in using them.

If you are facing serious criminal charges in Minnesota, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.