exceptions
a. voluntary disclosure:
i. if identity of informer; must be a disclosure to those who would have cause to resent the info (the bad guys)
ii. if the state calls the informer to the witness stand, no more
b. if the informant likely to be able to give testimony necessary on merits
i. civil: to fair determination of a material issue on the merits (rare) or
ii. crim: if the informer may be able to give info necessary to a fair determination of guilt or innocence
A. judge in camera finds out what informer knows
B. then judge decides if it’s necessary for fair determination of guilt or innocence (if state refuses the ct shall on motion of D dismiss charges!)
c. legality of getting evidence
d. situation: if what the informant knows is used to est. probable cause; and the ct is not satisfied that the info is “rzbly believed to be reliable and credible” then the ct can order disclosure of informant’s identity
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