What Is the Meaning of a "Deactivated" Confidential Informant?
“Deactivated” just means that the informant was terminated
or fired from his work as an informant prior to the completion of the
work that was expected of him. A deactivated informant can still be subpoenaed
to testify in court, however. Generally speaking, if information from
an informant is being used in a probable cause affidavit to apply for
a warrant, the police should notify the judge that the informant was deactivated
and why this occurred. Common reasons for why an informant becomes deactivated are lying to his
handlers, failing a polygraph or UA test, or violating the law in some
unapproved way. The fact that an informant testifies in a case and is
later deactivated does not mean that the defendants he helped convict
automatically get a new trial, but it is certainly something that the
defense attorneys could look into on
appeal. It is possible for a “deactivated” informant to get reactivated.
Some police agencies have blanket policies prohibiting reactivation, but
most police agencies take these matters on a case by case basis. Under
the legal precedent of
Brady v. Maryland, prosecutors must disclose to defense attorneys if an informant has any
credibility issues at all.
Learn more about confidential informants.