Orlando, FL asked in Criminal Law and Constitutional Law for Florida

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.

1 Lawyer Answer
Nicholas J. Dorsten
PREMIUM
Answered

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

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