Does a judge make an error in not requiring the government to disclose the name of an informant at the hearing on the motion to suppress?

MultiRegion, United States of America

The following excerpt is from United States v. Malo, 417 F.2d 1242 (2nd Cir. 1969):

There was no error in not requiring the government to disclose the name of the informant at the hearing on the motion to suppress. Whether or not to compel such disclosure was in the discretion of the judge. See McCray v. Illinois, 386 U.S. 300, 87 S.Ct. 1056, 18 L.Ed.2d 62 (1967). Likewise we think it was proper for the government to refuse to furnish the names of the cases in which the informer had furnished information to the government. Of course other means of testing the claim of the informer's reliability, such as questions about the number of tips from the informer that were unproductive, the length of his service to the government, or the rate of his pay, were open to the defense.

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