Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

733 West Colonial Drive, Orlando 32801 - 407-841-5555

Confidential Informants

Florida Case Law On Drug Offense Issues

Legal Opinions From The Florida Supreme Court And The District Courts Of Appeal

Last Updated: May 27, 2016

EVIDENCE/LAB RESULTS - DOUBLE JEOPARDY - PRESCRIPTION DEFENSE - CONFIDENTIAL INFORMANTS - CONSTRUCTIVE POSSESSION - DRUG OFFENDER PROBATION - COLLATERAL CONSEQUENCES - DRUG PARAPHERNALIA - SEARCH SEIZURE

CONFIDENTIAL INFORMANTS


Note:

The cases all involve confidential informants. They are further broken down under other catagories. Cases are linked to Google Scholar Case law when possible. Cases' internal cites are linked to the case making it easy to follow the reasoning of the court. This effort is to make finding this law very efficient. If you have any ideas on how to structure this better please contact me with your ideas. Thank you.


Warrants; Probable Cause

Perez-Rica v. State, 39 Fla. L. Weekly D2467b (Fla. 2d DCA, Nov 26, 2014): Defendant appealed order summarily denying 3.850 motion for ineffective assistance of counsel. Defense failed to challenge validity of search warrant. Warrant based on information provided by CI whose reliability was not disclosed and on a dog-sniff that was performed absent probable cause. Reversed on grounds specific grounds.

Mathis v. State, 8 So.3d 445 (Fla. 3d DCA 2009): Informant's report of observing hand-to-hand transaction, standing alone, was insufficient under totality of circumstances to provide officer with probable cause to search defendant. Error to deny motion to suppress.


Disclosure Of CI Identity

State v. Fernandez, 141 So.3d 1211 (Fla. 2d DCA 2014): Identities of and statements of codefendants - State may properly seek review by certiorari of trial court's order under circumstances of instant case where state's objection is based on claim that information is confidential and privileged, and disclosure of information in accordance with trial court's pretrial order would leave state without effective remedy and cause irreparable harm. Good case on what state is not required to disclose regarding witnesses, co-defendants and confidential informants.

State v. Burgos, 985 So.2d 642 (Fla. 2d DCA 2008): Trial court departed from essential requirements of law in ordering state to disclose identity of confidential informant who assisted in developing the evidence used to obtain a search warrant for defendant's apartment. Because state has privilege of non-disclosure, burden is on defendant claiming an exception to the rule to show why he is entitled to disclosure. Bare allegation that defendant cannot prepare his case without disclosure is insufficient

State v. Simmons, 944 So.2d 1122 (Fla. 3d DCA 2006): Trial court properly determined that defense of misidentification was a bona fide defense, that informant was a material witness on issue of identity of seller, and that disclosure of informant's identity was required -- Court properly dismissed information where state was not able to produce informant.

Thomas v. State, 28 So.3d 240 (Fla. 4th DCA 2010): Error to refuse to order disclosure of confidential informant where defendant made significant preliminary showing that informant's testimony might impact case by supporting the notion that someone else had actual possession of drugs found in residence. Remand for in camera hearing to determine whether testimony of informant is relevant to defense.

State v. Powell, 140 So.3d 1126 (Fla. 5th DCA 2014): Order requiring state to disclose identity of CIs was departure from essential requirements of law. Disclosure is required only if defendant establishes either that disclosure of informants' identities is relevant to his defense or essential to fair determination of cause at issue. Good case on requirements for disclosure of CI identities.


Possession With Intent...

Richardson v. State, 969 So.2d 535 (Fla. 1st DCA 2007): Defendant properly convicted of two sales (one to CI the other to undercover officer) but only one possession.



Corrections/Errors; Questions

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