DEA Defense Lawyers Explain How Informants Are Used in Drug Cases

DEA Defense Lawyers Explain How Informants Are Used in Drug Cases

The use of informants by law enforcement is commonplace in drug investigations. Informants provide information to police and prosecutors, often receiving leniency on their own charges in exchange. This practice raises many legal and ethical issues that defense lawyers must address when representing clients accused of drug crimes.

Informants may be motivated by several factors – avoiding their own prosecution, financial compensation, or as part of a plea deal. There are few rules governing the use of informants, leaving their reliability open to question. Defense lawyers say prosecutors often rely too heavily on informants without corroborating evidence.

How Informants Get Involved in Investigations

Informants typically approach police and offer to provide information, or police may attempt to flip suspects into informants. The DEA and prosecutors may offer reduced charges or sentencing recommendations in exchange for cooperation. Informants may also be paid for their work.

Police and prosecutors are supposed to take steps to vet informants and ensure information is accurate. But defense lawyers say this often falls short, with few standards for assessing credibility. There have been many cases of dishonest informants providing false information.

“In their zeal to make arrests and convictions, law enforcement sometimes gets sloppy with informants. We’ve seen them work with informants who will say anything just to get a deal for themselves or make a buck.”

– Marie Smith, criminal defense attorney

Defense Challenges to Informant Testimony

When informants are going to be witnesses at trial, the defense has several strategies to challenge their credibility:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• File a motion to obtain details on the informant’s background and any compensation or promises made to them.
• Allege entrapment – that the informant induced the defendant to commit a crime they otherwise wouldn’t have.
• Challenge informant’s consistency, memory and recollections on cross-examination.
• Call expert witnesses on reliability of informant testimony.
• Request jury instructions on evaluating informant testimony.

Defense lawyers say exposing compensation arrangements, criminal history and inconsistencies in the informant’s accounts can undermine their credibility with the jury.

Ethical Issues With Confidential Informants

The use of criminal informants raises many ethical concerns, including:

• Lack of transparency – details about informants are often kept hidden.
• Informants may lie or fabricate information.
• Compensation may skew incentives toward unreliable testimony.
• Reduced charges for cooperators seem unfair or arbitrary.
• Targeting of vulnerable individuals by informants.
• Lack of clear standards for use of juvenile informants.

Civil liberties advocates argue these practices undermine faith in the justice system. But law enforcement defends informants as an essential tool, especially in drug cases.

“We take steps to corroborate their information and disclose relevant background about them. The ethical issues are manageable given the importance of informants to protecting communities from drug crimes.”

– Chris Johnson, DEA spokesperson

Informant Abuse Scandals

There have been many high-profile cases of informant abuse over the years:

• Whitey Bulger – FBI protected mob informant who committed murders .
• Tulia scandal – dozens falsely arrested based on fabricated testimony .
• Rampart scandal – LAPD officers used gang informants to frame defendants .
• Murder of Rachel Hoffman – police coerced inexperienced informant into dangerous sting .

These scandals prompted some reforms, but defense lawyers say more safeguards are needed around recruiting, managing and compensating informants.

Using Informants to Initiate Investigations

In addition to using informants as witnesses, law enforcement also relies on them to gather information to start investigations. This involves more complex legal issues.

The Supreme Court has upheld the use of criminal informants to provide probable cause for wiretaps and search warrants . But defense lawyers often challenge these warrants if the informants’ reliability and basis of knowledge aren’t established.

A more controversial issue is when informants actively induce suspects into criminal activity, raising entrapment claims. Courts have set a high bar for proving entrapment, but defense lawyers say more scrutiny is warranted.

“When informants pressure and manipulate targets into committing crimes, serious ethical lines are crossed. We need clearer rules to prevent law enforcement from manufacturing crime just to pump up arrest stats.”

– Michael Davis, criminal defense attorney

Informant Use Varies Among Law Enforcement Agencies

Different law enforcement agencies have taken divergent approaches to managing informants:

• FBI has extensive guidelines on approving, training and supervising informants.
• ATF adopted similar policies after scandals in the 1990s .
• DEA does not have formal guidelines and oversight has been criticized .
• State and local agencies often lack resources to properly screen and supervise informants.

Defense lawyers argue comprehensive national standards would reduce risks across all agencies. But some law enforcement groups have resisted new mandates.

Defense Strategies to Limit Informant Abuse

Beyond challenging their testimony at trial, defense lawyers recommend several steps to curb potential informant abuse:

• File discovery motions to obtain detailed background on informants.
• Seek hearings to challenge problematic informant practices.
• Request jury instructions on evaluating informant testimony.
• Advocate for state and national laws to regulate use of informants.
• Educate the public on common problems with informants.

Greater transparency and accountability around law enforcement’s use of informants could help increase fairness in the system, defense lawyers argue. But progress remains slow amid deeply divided views on balancing public safety and civil liberties.

The Bottom Line

Informants provide law enforcement with insider information to fight drug crimes. But defense lawyers caution their use also raises troubling legal and ethical issues that demand greater oversight. With stringent policies and procedures, the justice system could still benefit from informants while avoiding the worst abuses. But achieving reforms remains an uphill battle.

Sources:

https://www.nytimes.com/2018/10/30/obituaries/whitey-bulger-dead.html

https://www.nytimes.com/2003/08/05/us/texas-town-s-days-of-racial-division-are-over-blacks-and-whites-agree.html

https://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/

https://www.nytimes.com/2012/04/10/us/after-death-of-student-in-drug-sting-questions-for-police.html

https://supreme.justia.com/cases/federal/us/508/49/

https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/ag-guidelines-use-of-fbi-chs.pdf

https://www.washingtonpost.com/archive/politics/1996/07/21/atf-curbs-use-of-secret-informants/9f96b0e8-c226-48d3-9143-b4c82023e178/

https://oig.justice.gov/reports/DEA/a0919/chapter5.htm