Legal Definitions - informant's privilege

Definition: Informant's privilege is a qualified privilege that allows the government to prevent the disclosure of the identity and communications of its informants. It is a legal right that exempts an informant from the duty to testify or reveal information in court.

Example: In a criminal case, the prosecution may rely on information provided by a confidential informant to establish probable cause for a search warrant or an arrest. The informant's identity and communications are protected by the informant's privilege, which means that the government does not have to disclose them to the defense or the court. However, the defense may challenge the validity of the search or arrest by showing that the informant's information was unreliable or false.

Explanation: The informant's privilege is based on the public interest in encouraging citizens to report criminal activity to law enforcement without fear of retaliation or exposure. It is a balancing test between the government's need for secrecy and the defendant's right to a fair trial. The privilege is not absolute and can be overcome by a showing of necessity or relevance. For example, if the informant is a material witness to the crime or has exculpatory evidence, the defense may be entitled to discover the informant's identity or statements. However, if the informant's