Make Payment
Call Today
(952) 913-1421
Call Today
(952) 913-1421

New Court Decision on Snitch Confidentiality Could Impact Your Drug Case

A recent decision by the Minnesota Supreme Court states the government must disclose non-identifying information regarding a police officer’s source of information that leads to arrest.

Minnesota Ruling on Confidential Informants

In criminal cases, the use of confidential informants, also referred to as “snitches,” is common in certain types of crimes that involve drugs, homicides, and sexual assaults. Many states rely on information provided by snitches to prove a case against a defendant. Minnesota law requires the State to protect a confidential informant’s identity, but recent changes allow Minnesota defense attorneys to hold police accountable when incriminating evidence is provided by a confidential informant.

On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer’s information. The purpose of the ruling is to establish an informant’s reliability, while still protecting his/her identity. The courts look at several factors to determine whether a confidential informant is considered reliable:

  • Has the informant provided reliable information in the past?
  • Can police officers verify the information provided?
  • Did the informant come forward voluntarily?
  • Did the informant participate in an illegal sale or controlled purchase coordinated by the police?
  • Did the informant give any information against his/her own interests?

In a Minnesota criminal case, every criminal defense attorney has a responsibility to question authority that presents a risk to a defendant’s legal rights to a fair trial. Minneapolis drug attorneys often see drug arrests that are based on unlawful search and seizures and invalid search warrants. Every year, innocent people are arrested, charged, and even convicted of drug crimes based on untruthful or unreliable information acquired by snitches used by law enforcement.

The government’s use of confidential informants was integrated into law enforcement during the Prohibition Era in the 1920s. The Bureau of Alcohol, Tobacco, and Firearms made snitches an integral part of the criminal justice system by using informants to catch alcohol and gun smugglers. Today,  snitches can earn forgiveness or leniency for every type of crime in exchange for information leading to arrests. Snitches have become law enforcement’s “tool of choice,” in the enforcement of drug-related crimes. It’s estimated that approximately 60% of defendants convicted of drug crimes are willing to act as snitches in exchange for reduced charges and prison sentences.

Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.
Police officer interrogating suspect with handcuffs. How to beat a probation violation

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.