The court in these situations considers the crime, the potential defense, and the significance of the CI’s testimony. This test balances the public interest and the police’s ability to obtain information vs. Even if the defense proves that the identity of the CI is material and reasonable the court can still deny the request using a balancing test.
This is a rule of Pennsylvania criminal procedure (Rule 573 (B)). A court will only order the prosecution to reveal the identity of a CI if the defense establishes that the informant’s identity is material to the preparation of the defense.
The prosecution is never required to reveal the identity of the CI unless a court orders them to do so. CI motions aren’t just useful in PWID drug cases but also in cases involving illegal guns (VUFA) or any cases involving contraband. If a criminal case involves a confidential informant your criminal defense attorney must make a motion asking the court to reveal the identity of the confidential informant if he believes that if could help your criminal case. These purchases often form the basis for Affidavits of probable cause to obtain search warrants for homes or vehicles or “warrantless” searches made on streets in Philadelphia or other counties in Pennsylvania. Confidential informants or “CIs” are used by police to purchase drugs (controlled buy). Many PWID allegations involve confidential informants.
I have written previous articles on the difference between PWID and simple possession and I encourage you to read them. Unlike simple possession, possession with the intent to deliver (PWID) is an ungraded felony offense in Pennsylvania which subjects a person to a state prison sentence. This would include illegal substances such as cocaine, heroin, crack, marijuana and PCP and legal substances not prescribed by a doctor such as Xanax, Oxytocin, Percocet, and Suboxone. A misdemeanor drug charge is for the simple possession of any drug or controlled substance. Drug charges in Pennsylvania are either misdemeanor or felony offenses.
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