Is there a waiver of Fifth Amendment privilege by the informant?
MultiRegion, United States of America
The following excerpt is from United States v. Avila, 469 F.2d 276 (9th Cir. 1972):
Avila's third contention is also futile. There was no waiver by the informant of his Fifth Amendment privilege. Avila's counsel attempted to raise issues of the informant's past criminal activities on cross-examination. Since these issues had not been raised on direct
[469 F.2d 278]
examination, the informant had not waived his privilege, Semler v. United States, 332 F.2d 6 (9th Cir. 1964), and he properly asserted it on cross-examination.[469 F.2d 278]
Affirmed.
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