The Informant's Privilege in the State of New Jersey

There is a rule of evidence in New Jersey that protects the identity of a confidential informer. The basis of the so-called "snitches’s privilege" is grounded upon the government’s need to secure information relating to criminal activity from people associated with criminals.  This is especially so where the illicit acitivty relates to drug transaction.  In order to accomplish that task effectively, the government must be able to provide anonymity to the informant. Otherwise, the informant can be harmed and, as a result, people may be loath to cooperate with the government.

While there is a presumption against disclosing an informant’s identity, the privilege is not absolute. Disclosure can be required to protect the accused’s constitutional rights. Thus, where an informant is an essential witness on a critical factual contest or actively participated in the crime or it appears that the defendant has a reasonable entrapment defense, disclosure may be required. Disclosure will not be required, however, if the informant merely introduced the defendant to the government agent and otherwise observed the criminal transaction.

You can read more about the Informer’s Privilege in a book I recently published, which can be download on my website at www.ftlucianolaw.com.