How Are Confidential Informants Used in Arizona Drug Cases?

Most everyday drug arrests don’t involve informants. It’s more common for drug arrests to stem from things like traffic stops and vehicle searches, probation or parole searches, or drugs discovered during other investigations.

Informants are much more commonly used when investigators are trying to prove distribution, sales, trafficking, manufacturing, or other types of large-scale drug activity.

The role a confidential informant plays in a drug investigation varies based on the informant and what investigators want to accomplish. In some cases, they provide information that helps law enforcement identify a suspect. In others, they participate directly in the investigation by arranging meetings, making controlled purchases, or providing information used to obtain a search warrant.

In fact, many serious drug crime investigations only begin because of information provided by someone cooperating with law enforcement.

What Is a Confidential Informant?

A confidential informant is a person who provides information to law enforcement while their identity remains protected during at least part of an investigation. Informants can come from a variety of backgrounds, but in drug cases they are often:

• Individuals facing their own criminal charges
• Former suspects
• Drug users
• Friends or acquaintances of the suspect
• People seeking favorable treatment in another case

Not every informant is working in exchange for reduced criminal penalties, but cooperation is often motivated by some type of personal, legal, or financial incentive.

Those motivations can raise serious questions about the informant's reliability and the accuracy of their claims. When informants become central to the prosecutor’s case, the circumstances surrounding their cooperation may become an important part of a drug crime defense strategy.

How Are Confidential Informants Used During Drug Investigations?

Confidential informants can assist law enforcement in several different ways. They may help investigators:

• Identify suspected drug activity
• Provide information about individuals involved in drug transactions
• Arrange meetings with potential suspects
• Introduce undercover officers
• Participate in controlled purchases
• Provide information supporting a search warrant application

If investigators have questions about the reliability of the information or if the allegations involve more serious offenses, they may attempt to corroborate the informant's claims through surveillance, controlled buys, search warrants, electronic communications, or other investigative techniques.

To what extent law enforcement corroborated accusations before arresting suspects or getting search warrants can be important factors for the defense. The admissibility of evidence discovered as a result of an informant’s exaggerated or false statement can vary depending on the circumstances.

What Is a Controlled Buy?

A controlled buy occurs when law enforcement uses an informant to purchase illegal drugs while officers monitor the transaction.

Although procedures vary, a controlled buy often includes several steps. Investigators may:

1. Search the informant before the transaction
2. Provide documented funds
3. Maintain surveillance during the purchase
4. Recover the drugs afterward
5. Create reports describing what occurred

Controlled buys are designed to create additional evidence beyond the informant's statements alone. These complex police operations include several steps where mistakes can occur. If a controlled buy is central to your case, your drug crime defense attorney may ask questions such as:

• Was the informant continuously monitored?
• Were the procedures properly documented?
• Were audio or video recordings created?
• Did officers directly observe the transaction?

Can an Informant's Motivations or Record Be Used to Challenge Their Statements?

While not all informants are criminals facing their own charges, that is one of the primary ways law enforcement secures the cooperation of confidential informants. The informant’s motivation for cooperating can call into question the reliability of the information they provide. Defense attorneys often look at what an informant is getting out of their cooperation, such as:

• Plea agreements
• Reduced sentences
• Financial compensation
• Personal revenge or retaliation

The fact that an informant receives some type of benefit doesn't automatically mean their information is inaccurate. However, it may become relevant when evaluating their credibility.

In some cases, investigators collect enough independent evidence that the informant's credibility becomes less significant. In others, the informant's statements may play a much larger role in the prosecution's case.

Can a Defense Attorney Learn Who the Informant Is?

Sometimes. Whether the informant's identity must be disclosed depends on the role they played in the investigation and how important their testimony may be to the defense.

An informant who merely provided a tip may be treated differently from someone who participated in a controlled buy, witnessed the alleged offense, or is expected to testify.

Learn About Drug Crime Defense Options for Your Situation

Arizona Board-Certified Criminal Defense Attorney Michael Alarid III has extensive experience handling drug possession, drug sales, drug trafficking, and other serious drug-related offenses.



If you're facing drug charges in Phoenix and want to discuss your legal options during a free consultation, call (602) 818-3110.