The Role of Confidential Informants in Missouri Drug Trafficking Cases

What is a Confidential Informant?

A confidential informant is a person under the supervision of law enforcement who provides information regarding suspected criminals or criminal activity and may or may not receive compensation. These duties are performed under the direct supervision of an enforcement officer, and the informant is granted a reasonable expectation of confidentiality.

However, the use of confidential informants can present various ethical and legal constraints. It must be balanced to ensure that individual rights or investigative integrity are not compromised.

Who is Eligible to be a Confidential Informant?

A suitability screening will be performed for any individual who is considered for the role of an informant and includes the following steps:

The Initial Suitability Report used by officers must include sufficient information regarding the risks and benefits of using the person in this capacity so that a reasonable determination can be made. The following information is required, where applicable:

• Age, sex, and residence
• Employment status or occupation
• Affiliation with legitimate businesses and illegal or suspicious endeavors
• The extent of benefit that potential information, association, or other assistance would be to a future investigation
• Relationship with the target of the investigation
• Motivation for providing information or assistance
• Risk of adverse effects on an existing or future investigation
• The extent of corroboration on the provided information
• Prior record as a witness
• Criminal history, including whether the potential informant is a subject of a pending investigation, is under arrest, or has been charged with an offense
• Whether they are a flight risk or a public risk
• Substance abuse
• Relationship with any person in law enforcement
• Risk of physical harm to the potential informant or their family
• Prior or current informant service with other enforcement organizations

Juveniles under 18 may not be utilized without authorization from parents or guardians and should only be used when a compelling public interest can be demonstrated.

Typically, confidential informants in drug cases are:

• Former drug users or dealers.
• Work with police to reduce their charges.
• Receive compensation for information.
• Participate in controlled transactions to gather evidence.

How Does the Use of a Confidential Informant Affect a Case?

The testimony or evidence gathered by an informant can have significant implications, including:

• Providing a testimony against the defendant
• Providing sufficient evidence for a search warrant
• Introduction of the defendant to undercover officers

The testimony or evidence supplied by an informant may be unreliable or exaggerated to achieve a reduced sentence. Prosecutors cannot convict based solely on information gathered by an informant and will need additional evidence to support a case.

When deciding the credibility of an informant’s information, the following factors are considered:

• Veracity: The informant’s propensity for telling the truth is heavily considered, and most law enforcement agencies typically have evidence that an informant has lied or been forthcoming with information.
• Basis of knowledge: A basis for the alleged information submitted by the informant must be provided, such as familial or social interaction.
• Reliability: Reliability evaluates the frequency and value of information provided by the informant and includes how many times the informant has assisted in this capacity with useful evidence.
• Corroboration: An informant’s credibility is increased when the reports are consistent with other reports from third parties.
• Specificity: A heavily specific and detailed report may render an informant’s evidence more useful to a court.

When a confidential informant is used in a case, the defendant has the right to:

• Know that an informant was used.
• Challenge the credibility of the informant.
• Confront the accuser in court.

However, in many situations, the informant’s identity is protected, which can make it challenging for the defense to investigate the informant’s background or motivations.

How are Confidential Informants Used in Drug Trafficking Cases?

As discussed, confidential informants usually assume the role after being involved in a lower-level, similar crime. An informant can offer insider information pertaining to drug operations, such as key individuals, transaction locations, or insight into operation methods. The informant may be used to purchase drugs while under the supervision of law enforcement to provide evidence against the targeted individual.

Informants may also be called upon during legal proceedings to testify against a defendant and provide firsthand accounts of drug-related activities relating to the accused.

What are Common Defenses for Cases Involving a Confidential Informant?

The use of a confidential informant is not illegal unless it exceeds specific boundaries. When this occurs, it may be considered outrageous government conduct and entrapment, although this is difficult to establish. An informant may encourage a criminal to continue the misconduct, repeat illegal activities, or expand a criminal enterprise and not be guilty of entrapment.

For charges to be dismissed, the informant or their handlers must be responsible for causing or inducing the misconduct with behavior that the defendant would not have done on their own. In other words, the defendant must prove that they had no predisposition to commit the crime without the actions of the informant.

Additionally, a defendant may argue that the informant had a personal motivation to provide the information, such as a lesser sentence or revenge towards the defendant. This argument may demonstrate the vested interest of the informant in the case’s outcome and cast doubt on the credibility of the evidence provided.

Do You Need an Attorney?

If you have been convicted of a drug trafficking crime and are interested in becoming a confidential informant or are involved in a case that uses an informant, you need an experienced criminal defense firm to help you can depend on. Call Loraine Law, LLC, today at 573-284-3048 in Jefferson City or 816-720-7634 in Kansas City, or complete a contact form to schedule your free 30-minute consultation.