Does section 1042 of the California Criminal Code require the disclosure of an informant's location?

California, United States of America


The following excerpt is from People v. Garza, 32 Cal.App.4th 148, 38 Cal.Rptr.2d 11 (Cal. App. 1995):

However, the test of materiality is not simple relevance; it is whether the nondisclosure might deprive defendant of his or her due process right to a fair trial. (People v. Walker (1991) 230 Cal.App.3d 230, 236, 282

Page 14

In People v. Walker, supra, 230 Cal.App.3d at page 238, 282 Cal.Rptr. 12, the court held that because "the informant's identity and surveillance location issues are analogous," section 1042 is also "the appropriate standard for determining the materiality of a surveillance location."

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