informer privilege in Louisiana

1977Defendant alleges that disclosure of the informant's identity was vital to his defense because, he surmises, the informant may have planted, or may know who planted, the explosives in his vehicle without his knowledge. *374 As the United States Supreme Court stated in Roviaro v. United States, 353 U.S. 53 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957), the informer privilege, the privilege of withholding the identity of an informant who supplies information to law enforcement officers concerning crime, is founded upon public policy and seeks to advance the public interest in effective law enforcement.

1977Defendant alleges that disclosure of the informant's identity was vital to his defense because, he surmises, the informant may have planted, or may know who planted, the explosives in his vehicle without his knowledge. *374 As the United States Supreme Court stated in Roviaro v. United States, 353 U.S. 53 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957), the informer privilege, the privilege of withholding the identity of an informant who supplies information to law enforcement officers concerning crime, is founded upon public policy and seeks to advance the public interest in effective law enforcement.

2017Roviaro v. United States, 353 U.S. at 59, 77 S.Ct. 623 ; State v. Dotson, 260 La. 471 , 256 So.2d at, 606 (La. 1971) (on rehearing); cert. denied, 409 U.S. 913 , 93 S.Ct. 242 , 34 L.Ed.2d 173 (1972); State v. Degruy, 96-1463, p.6 (La.

1982On the question of whether the defendant can overcome the informer privilege and learn the name of the confidential informant, the leading case of State v. Dotson, 260 La. 471 , 256 So.2d 594, 1971 , Cert. denied, 409 U.S. 913 , 93 S.Ct. 242 , 34 L.Ed.2d 173 , 1972, shows that the Louisiana Supreme Court has adopted a strict Roviaro balancing test.

2017Roviaro v. United States, 353 U.S. at 59, 77 S.Ct. 623 ; State v. Dotson, 260 La. 471 , 256 So.2d at, 606 (La. 1971) (on rehearing); cert. denied, 409 U.S. 913 , 93 S.Ct. 242 , 34 L.Ed.2d 173 (1972); State v. Degruy, 96-1463, p.6 (La.

1982On the question of whether the defendant can overcome the informer privilege and learn the name of the confidential informant, the leading case of State v. Dotson, 260 La. 471 , 256 So.2d 594, 1971 , Cert. denied, 409 U.S. 913 , 93 S.Ct. 242 , 34 L.Ed.2d 173 , 1972, shows that the Louisiana Supreme Court has adopted a strict Roviaro balancing test.

1989State v. Oliver, 430 So.2d 650 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983); State v. Williams, 347 So.2d 184 (La.1977).

1987"The informer privilege is the State's privilege of withholding the identity of an informant who supplies information to law enforcement officials concerning crime." State v. Oliver, 430 So.2d 650, 652 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983).

1989State v. Oliver, 430 So.2d 650 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983); State v. Williams, 347 So.2d 184 (La.1977).

1987"The informer privilege is the State's privilege of withholding the identity of an informant who supplies information to law enforcement officials concerning crime." State v. Oliver, 430 So.2d 650, 652 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983).

1989State v. Oliver, 430 So.2d 650 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983); State v. Williams, 347 So.2d 184 (La.1977).

1987"The informer privilege is the State's privilege of withholding the identity of an informant who supplies information to law enforcement officials concerning crime." State v. Oliver, 430 So.2d 650, 652 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983).

1993State v. Davis, 411 So.2d 434 (La.1982).

1989State v. Davis, 411 So.2d 434 (La.1982), State v. Dotson, 260 La. 471 , 256 So.2d 594 (La.1971), cert. denied, 409 U.S. 913 , 93 S.Ct. 242 , 34 L.Ed.2d 173 (1972).

1989“The informer privilege is based on the need of assuring a free disclosure of information to a governmental source through protecting against unnecessary disclosure, and upon the asserted governmental need of any such sources to obtain information as to covert types of criminal activities.” State v. Dabon, 337 So.2d 502 , at page 503 (La.1976).

1987In State v. Dabon, 337 So.2d 502 (La.1976), the court stated: "The informer privilege is based on the need of assuring a free disclosure of information to a governmental source through protecting against unnecessary disclosure, and upon the asserted governmental need of using such sources to obtain information as to covert types of criminal activities.

2009In support of his argument, Defendant refers to State v. Thornton, 94-1470, pp. 4-5 (La.App. 1 Cir. 10/6/95), 671 So.2d 481, 484 , wherein the court stated: The Louisiana Supreme Court has recognized the informer privilege.

2003For instance, in State v. Matthews, 382 So.2d 917 (La.1980), the Louisiana Supreme Court stated, The informer privilege is the privilege of withholding the identity of an informant who supplies information to law enforcement officials concerning crime.

1996As we stated in State v. Gaines, 93-1000 (La.App. 5th Cir. 3/29/94), 636 So.2d 961 , 963: The informer privilege of withholding the identity of an informant is founded upon public policy and seeks to advance the public interest in effective law enforcement.

1989State v. Oliver, 430 So.2d 650 (La.1983), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983); State v. Williams, 347 So.2d 184 (La.1977).

1982In State v. Rhodes, 308 So.2d 770, 1975 , the Louisiana Supreme Court reiterated its holding in Dotson, emphasizing that the burden is on the defendant to show exceptional circumstances warranting disclosure.

1978NOTES [1] In Franks v. Delaware, ___ U.S. ___, 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the United States Supreme Court specified the circumstances under which a defendant has a constitutional right to challenge the truthfulness of factual statements made in an affidavit supporting the warrant.

1978NOTES [1] In Franks v. Delaware, ___ U.S. ___, 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), the United States Supreme Court specified the circumstances under which a defendant has a constitutional right to challenge the truthfulness of factual statements made in an affidavit supporting the warrant.