If a CI delivers drugs (who he or she received from someone else) to a defendant in a car, then calls the police. Police then conduct a traffic stop and arrest defendant for simple possession, does that CI have to be disclosed? CI participated in a delivery, but was not present at time of search or arrest. CI info was used for probable cause to stop vehicle, similar to a controlled buy in a searcg warrant case.

Also, defendant called CI to buy drugs.

Any thoughts???

If you want to avoid litigating the issue of whether a CI needs to be disclosed, advise your officers to use a CI only for an intro and to establish the separate credibility of an undercover officer. Any creative defense attorney and defendant can establish a scenario (such as the CI planted the drugs) that leads to disclosure of the CI. As a prosecutor, you always risk putting yourself in the middle of an ethical issue by working to protect the CI without knowing fully the background of the case and the CI's credibility and participation.

I believe Loving v. State 882 S.W.2d 42
(Tex.App.-Hous. [1 Dist.],1994) is informative--The Court reversed for failing to disclose the informant when relevant to a determination of probable cause

AJS