Does the denial of a motion to compel disclosure of an informant's identity review for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Pfenning, 865 F.2d 265 (9th Cir. 1988):
The denial of a motion to compel disclosure of an informant's identity is reviewed for an abuse of discretion. United States v. Fixen, 780 F.2d 1434, 1439 (9th Cir.1986).
A governmental privilege exists to shield the identity of persons supplying information concerning the commission of crimes, McCray v. Illinois, 386 U.S. 300, 305 (1967). Under this privilege, an informant need not be produced if he was not a percipient witness nor an active participant in the crime.
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