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E.D.Tenn.: Informant privilege protects audio of controlled buy from discovery where it was only used to get SW and was not a basis for the charge

By John Wesley Hall, Jr.

Audio of a controlled buy is protected by the informant privilege. Also, the court seems skeptical that it would satisfy the requirement of information for the "defense" because the controlled buy was only used to get the search warrant and the product of the search is what he is being prosecuted for. Finally, it seems speculative that it would provide anything because he has yet to file a motion to suppress [despite the chick-egg rationale?]. United States v. Parks, 2009 U.S. Dist. LEXIS 48308 (E.D. Tenn. June 9, 2009): The government argues the audio recording of the controlled buy is neither relevant nor material to the preparation of the defendant's defense and therefore is not discoverable. "[I]n the context of Rule 16, 'the defendant's defense' means the defendant's response to the Government's case in chief...continue to full post

Full post as published by Fourth Amendment on June 12, 2009 (boomark / email).