Confidential Informant Law and Legal Definition

A confidential informant is a person who provides information about criminal activity to law enforcement officers. The identities of these individuals are privileged in order to protect these individuals against retribution from those involved in crime. Statements made by a confidential informant are testimonial in nature, and therefore, may not be offered by the government to establish the guilt of an accused absent an opportunity for the accused to cross-examine the informant. However, evidence that is provided merely by way of background or is offered only to explain how certain events came to pass or why the officers took the actions they did, is not offered for the truth of the matter asserted. [United States v. Warman, 578 F.3d 320 (6th Cir. Ohio 2009)]