Q: When vice uses a confidential informant to utilize a controlled buy
Does the video of the buy have to show the defendant handing the drugs in question over to the CI or can the CI get away with stating the drugs came from the defendant. The CI that was used for the controlled buy had access to the residence plus he stated during his deposition that he has staged videos to make it look as if he was dealing drugs. Plus the search warrant that was served describes the property in detail (location) to be searched but doesn't give names of suspect and it doesn't give details to the area to be searched on private property.
A:
There is no law that I am aware of that states a CI must be on video buying/selling drugs with the suspect. It is not uncommon for the police to search the CI before and after the buy and rely on their statements. That being said, this opens up possible defenses and credibility issues with the CI. Talk with your attorney for more information.
Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.