Have a Confidential Informant in Your Tampa Criminal Case? Here’s What a Tampa Attorney Can Do for You.

If you’ve been charged with a crime in Florida, and a confidential informant (CI) is involved in your case, understanding the role that informants play and how their information is used can be crucial to your defense. A The rules surrounding confidential informants are complex, but as a criminal defendant, it’s important to know when and how these informants’ identities might be disclosed and what that could mean for your case. At Brancato Law Firm, P.A., we are committed to helping you navigate these challenges and ensure that your constitutional rights are protected. Tampa Criminal Defense Attorney Rocky Brancato is equipped to peel back the onion in any case involving a confidential informant and to illuminate defenses through motion practice and investigation.

What is a Confidential Informant (CI)?

A confidential informant is someone who provides information to law enforcement in exchange for protection or a reduction in their own legal charges. CIs are often used in drug cases, undercover operations, and other criminal investigations. While the state may rely heavily on information from CIs, the law provides certain protections for defendants when it comes to disclosing the identity of these informants.

When Does the State Have to Disclose the CI’s Identity?

Under Florida law, the state does not automatically have to disclose the identity of a confidential informant unless certain conditions are met. Here’s what you should know:

• If the CI will testify: Under Florida Rule of Criminal Procedure 3.220(b)(1)(M), if the state plans to have the informant testify at trial or a hearing, the law requires them to share the informant’s real name and address with your defense team. This gives you the chance to prepare for how the informant’s testimony could impact your case through investigation and depositions. Additionally, the case of State v. Hassberger, 350 So. 2d 1 (Fla. 1977), establishes the requirement that the defense must be given this information.
• If the CI won’t testify: If the state does not plan to call the informant to testify, the law generally does not require disclosure of their identity. However, in certain situations, you may be able to argue that disclosing the CI’s identity is critical to your defense, especially if the informant’s information could affect your case. State v. Powell, 140 So. 3d 1126 (Fla. 5th DCA 2014), and State v. Burgos, 985 So. 2d 642 (Fla. 2d DCA 2008), provide examples of when the defense can argue for disclosure due to constitutional rights violations.

When Can You Force Disclosure of the CI’s Identity?

Even if the CI is not going to testify, there are circumstances where the law allows you to demand disclosure of the CI’s identity. Here are some common scenarios where this might be possible:

1. The CI was involved in the crime: If the informant was not just a witness but an active participant in the crime you’re accused of, their identity may need to be disclosed. For example, if the CI was part of a drug transaction with you, they could be an important witness for your defense. State v. Zamora, 534 So. 2d 864 (Fla. 3d DCA 1988), outlines the circumstances where the CI’s involvement in the crime requires disclosure.
2. Entrapment: If you are claiming entrapment—meaning you argue that law enforcement pressured or encouraged you to commit a crime you wouldn’t otherwise have committed—the CI’s identity may be crucial to prove this defense. Cases like Hill v. State, 198 So. 3d 830 (Fla. 2d DCA 2016), and Bailey v. State, 994 So. 2d 1256 (Fla. 2d DCA 2008), show how courts have dealt with the defense of entrapment in situations involving confidential informants.
3. The CI’s testimony is key to your identity: If the CI witnessed a transaction or could help establish whether or not you were involved in the crime, the state might be required to disclose their identity to ensure you get a fair trial. The Roviaro v. United States, 353 U.S. 53 (1957), decision established the principle that the government’s privilege to withhold the identity of an informant must yield if the informant’s testimony is vital to the defense of an accused.

What if the CI Was Just a Tipster?

In many cases, the CI may only have provided a tip or information that led to your arrest or the investigation. If the informant was merely a tipster and didn’t directly participate in the crime, the law typically does not require their identity to be disclosed. However, this can vary depending on the circumstances of your case. State v. Mashke, 577 So. 2d 610 (Fla. 2d DCA 1991), and State v. Devoid, 706 So. 2d 924 (Fla. 2d DCA 1998), are examples of cases where the court determined that disclosure was not required because the informant’s role was limited to providing a lead. Even if the identify is not disclosed, the circumstances of the CI’s involvement can be fertile ground for pretrial motions to suppress and dismiss. Rivera v. State, 2D2023-2053 (Fla. 2d DCA November 8, 2024) is an example of a CI tipster’s involvement with police was not enough to establish probable cause to detain and search a suspect who was later charged with drug trafficking.

Special Laws to Protect Informants: Rachel’s Law

In 2009, Rachel’s Law was passed in Florida to regulate how law enforcement agencies use confidential informants. This law was named after Rachel Hoffman, a young woman who tragically lost her life while working as a CI for the police. Rachel’s Law aims to ensure that informants are used responsibly and ethically in criminal investigations.

While Rachel’s Law regulates the use of confidential informants, it does not create additional protections for defendants seeking to know the identity of the informant in their case. However, if you are facing charges where a CI is involved, understanding these laws and how they apply to your case is crucial to ensuring a fair defense. For example, Section 914.28, Florida Statutes, requires law enforcement to follow certain procedures when handling CIs, though this law does not directly require the disclosure of the CI’s identity unless other factors come into play.

How a Tampa Criminal Defense Lawyer Can Help You

If a confidential informant is involved in your case, Brancato Law Firm, P.A. can help you determine whether the identity of the informant should be disclosed and how to protect your rights during the legal process. Here are a few ways we can assist:

1. Requesting Disclosure of the CI’s Identity: We will review the specifics of your case and determine whether the CI’s identity is vital to your defense. If so, we can file the necessary motions to compel disclosure under Florida Rule of Criminal Procedure 3.220 and other applicable case law. There are times when a confidential informant is so important to police investigations that the prosecutor is willing to dismiss your case rather than disclose the identity of the CI
2. Reviewing Law Enforcement Procedures: Even if disclosure isn’t possible, we can review how law enforcement handled the informant. This might uncover potential weaknesses in the prosecution’s case or lead to valuable questions during cross-examination. State v. Manderville, 512 So. 2d 326 (Fla. 3d DCA 1987), is an example where failure to disclose the CI resulted in a motion to dismiss.
3. Challenging the Informant’s Credibility: If the CI’s information is central to the prosecution’s case against you, we can examine their credibility and the circumstances under which they provided their information. This can often provide crucial evidence to challenge the charges.
4. Protecting Your Constitutional Rights: At the Brancato Law Firm, we are dedicated to ensuring that every defendant receives a fair trial. If disclosing the informant’s identity is necessary to uphold your rights, we will fight to make sure the court upholds your constitutional protections. Joshua v. State, 205 So. 3d 851 (Fla. 4th DCA 2018), reinforces the importance of disclosing a CI’s identity when their testimony is critical to a defendant’s due process.

Tampa Lawyer Rocky Brancato can Help

If you are facing criminal charges and a confidential informant is involved, understanding your rights regarding the disclosure of their identity is crucial. At Brancato Law Firm, P.A., we are here to help you navigate the complexities of your case and ensure that you have the best possible defense. If you believe that the informant’s identity could play a role in your case, or if you have questions about how the informant’s information was used, don’t hesitate to reach out to our firm. We will work to figure this out for you and to leverage this information to your advantage. Call us today at 813-727-7159 to schedule your free consultation.