Confidential Informant

A confidential informant (CI) is an individual who secretly provides information, leads, or logistical assistance to law enforcement — often the Utah Highway Patrol or local narcotics strike forces — to help build a drug case against someone else. CIs are frequently individuals who have been arrested themselves and are cooperating with police in exchange for dropped charges, reduced sentences, or financial compensation. They are commonly used to execute "controlled buys," conduct undercover surveillance, or provide the foundational information needed to secure a search warrant.

Generally, the prosecution can initially shield an informant's identity under a legal privilege of confidentiality. However, this anonymity is not absolute. Under Utah Rule of Criminal Procedure 16 and constitutional due process mandates, your defense attorney can file a motion to compel disclosure. If the informant was an active participant in the alleged crime — such as the person who directly bought drugs from you — or a material witness whose testimony is essential to determining your guilt or innocence, a judge can order the state to reveal their identity. If the state refuses to comply, the judge may dismiss the charges.

Yes, potentially. If a search warrant was issued based on false information provided by an informant, your defense attorney can request a specialized evidentiary hearing known as a Franks hearing, originating from the U.S. Supreme Court case Franks v. Delaware (1978). To win, your attorney must demonstrate that the law enforcement officer knowingly, intentionally, or with reckless disregard for the truth included false statements from the informant in the warrant affidavit. If successful, the illegally seized evidence will be suppressed, which frequently causes the prosecution's entire case to collapse.

Yes. Entrapment is a powerful statutory defense under Utah Code § 76-2-303. If a confidential informant uses methods of persuasion, pressure, or deception that would create a substantial risk that an otherwise innocent person would commit the drug crime, you may have been entrapped. For instance, if an informant repeatedly badgered, threatened, or exploited a close personal relationship to convince you to obtain drugs when you had no prior intent to do so, your attorney can argue that the government impermissibly manufactured the crime — requiring an acquittal.

Because many informants are motivated by self-preservation or financial gain, their credibility is highly vulnerable. An experienced defense attorney will utilize the legal discovery process to unearth the informant's background, including their criminal history, active plea agreements, the specific deals they cut to avoid prison, and any cash payments they received from police. However, this only applies if the CI appears as a witness at trial — if the informant's identity remains confidential and they do not testify, the defense cannot cross-examine them. If the CI does appear as a government witness, your attorney can expose biases, ulterior motives, and inconsistent statements during cross-examination, establishing reasonable doubt about the reliability of the state's evidence.