Ep. #276: Do confidential informants have an exception to the government agent rule?

📌 If you use a confidential informant (C.I.) to establish reasonable suspicion or probable cause, you need to articulate that he was trustworthy. Do this by articulating how the C.I. was “credible” and how he obtained his “basis of knowledge.” Aguilar v. Tex., 378 U.S. 108 (1964).

Credible means that the C.I. was telling the truth. Basis of knowledge means that the information shared by the C.I. was accurate, usually because of first-hand observations. Illinois v. Gates, 462 U.S. 213 (1983).

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