SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

The presumption is, absent some reason to disbelieve him, that
such an informant is reliable. (See People v. Prewitt (1959) 52
Cal.2 nd 330, 334-337; People v. Metzger (1971) 22 Cal.App.3 rd
338, 345; People v. Dumas (1973) 9 Cal.3 rd 871; People v.
McFadin (1982) 127 Cal.App.3 rd 751.)
Such an informant commonly has a criminal record, pending
criminal case, and/or some present involvement in criminal
activity.
The expected favor or personal gain is sometimes referred to as a
“benefit.” A “benefit” is defined as “any consideration or
advantage the informant was offered, promised, or received in
exchange for the information provided.” Such a benefit includes,
but is not necessarily limited to:
Monetary payments of any kind, including, but not limited
to, money, room and board, or use of an automobile.
Leniency shown in arrest or booking, requesting
appropriate bail, or contesting the source of the bail per
P.C. § 1275.
Leniency shown in filing appropriate charges or
enhancements.
Delay in arraignment or other court dates.
Reduction of charges, period of custody or other condition
of probation or sentence, including favorable input by a
prosecutor or law enforcement officer.
Relocation of the informant or the informant’s family.
Use immunity or transactional immunity, formal or
informal.
Favorable action with other governmental agencies, civil
courts, or private interests (such as employers).
(Source: San Diego District Attorney “Cooperating
Individual and Immunity” Manual, 1997, Chapter 1, p. 3.)
© 2012 Robert C. Phillips. All rights reserved
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