State v. Nielsen
Annotate this CaseBased on information received by a confidential informant (CI), police officers pulled over a vehicle in which Defendant was a passenger. Drugs were discovered during a search of the vehicle. Defendant was subsequently charged with possession of a controlled substance. Defendant filed a motion to compel the State to reveal the CI’s identity. The State claimed a privilege under Utah R. Evid. 505 and opposed the motion to compel. The district court elected to conduct an in camera interview to determine whether the CI possessed knowledge relevant to Defendant’s guilt or innocence, but the CI refused to appear. The district court concluded that Rule 505 did not require it to dismiss the charges against Defendant. Thereafter, Defendant was convicted of possession of a controlled substance. The Supreme Court reversed, holding that the district court applied the incorrect legal standard when it ruled that Rule 505 did not require dismissal of the charges against Defendant. Remanded.
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