What is the test for disclosure of evidence in a criminal case involving a confidential informant?

California, United States of America


The following excerpt is from People v. Haros, F061022 (Cal. App. 2012):

evidence. Defendant's showing must rise above the level of sheer speculation and reach at least the low plateau of reasonable possibility. The defendant must show that the informant was in a position to perceive the commission or the immediate antecedents of the alleged crime. The fact a confidential informant is a percipient witness to an offense does not mandate disclosure. Rather, disclosure is required only if the defendant makes an adequate showing that the informant can give exculpatory evidence. (Davis v. Superior Court (2010) 186 Cal.App.4th 1272, 1276-1277.)

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