Informants.  They aid law enforcement and we hear about them all the time and know that they are out there. We hear about them on TV shows, movies, and the news stations report on arrests being made based on an “anonymous” tip.  How important are informants and do they hold as much weight as they seem?

There are 3 types of informants identified by the courts.

The Identified Citizen Informant:  Usually an off-duty policeman and deemed the most reliable, and highly credited by the courts.  The experience of this informant – and his status – brought to the courts is labeled as strong enough that any other proof may be unnecessary.

The Known Informant From The Criminal World Who Has Provided Previous Reliable Tips:  Has an established relationship with the authorities as a criminal and a past informant with accurate information and willing to cooperate. Law enforcement usually values these types of tips and conceives them as reliable.

  • In some criminal investigations, law enforcement will use Confidential Informants.  Sometimes, this group are financially troubled, drug addicts or have criminal histories or pending charges against them. They are used as leverage against the informant and offer an exchange of money, reduction of charges or even a dismissal for incriminating evidence.  They could be doing anything and everything in their own best interest.

The Anonymous Informant: The most common and well known. Yet, they are the least reliable. Information provided from this type of informant is not usually sufficient to justify legal action, and most likely and almost always requires further investigations.

  • If an anonymous informant suspects a person of driving under the influence, it is not sufficient enough to demonstrate a suspicion that the driver was engaged in unlawful behavior.  The tip, to be reasonable must be corroborated through independent police work.  If the tip is given to an on-duty officer, the officer can only stop the driver if he makes a personal observation that confirms the tip.  Without this, the driver’s Fourth Amendment rights would be violated.

The Bottom Line: In any situation, it is critical to seek advice of a competent Ohio defense attorney who knows how to exploit the informant’s motive and attack his credibility.  Put my number in your mobile, I can be reached any time.  513-260-2099