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Rule 508 Identity of informer
(a)
(b)
(c)
(d)
General rule of privilege. The Commonwealth of Kentucky and its sister states
and the United States have a privilege to refuse to disclose the identity of a
person who has furnished information relating to or assisting in an investigation
of a possible violation of a law to a law enforcement officer or member of a
legislative committee or its staff conducting an investigation.
Who may claim. The privilege may be claimed by an appropriate
representative of the public entity to which the information was furnished.
Exceptions:
(1) Voluntary disclosure; informer as a witness. No privilege exists under this
rule if the identity of the informer or his interest in the subject matter of his
communication has been disclosed by the holder of the privilege or by the
informer's own action, or if the informer appears as a witness for the
state. Disclosure within a law enforcement agency or legislative
committee for a proper purpose does not waive the privilege.
(2) Testimony on relevant issue. If it appears that an informer may be able to
give relevant testimony and the public entity invokes the privilege, the
court shall give the public entity an opportunity to make an in camera
showing in support of the claim of privilege. The showing will ordinarily be
in the form of affidavits, but the court may direct that testimony be taken if
it finds that the matter cannot be resolved satisfactorily upon affidavits. If
the court finds that there is a reasonable probability that the informer can
give relevant testimony, and the public entity elects not to disclose this
identity, in criminal cases the court on motion of the defendant or on its
own motion shall grant appropriate relief, which may include one (1) or
more of the following:
(A) Requiring the prosecuting attorney to comply;
(B) Granting the defendant additional time or a continuance;
(C) Relieving the defendant from making disclosures otherwise required
of him;
(D) Prohibiting the prosecuting attorney from introducing specified
evidence; and
(E) Dismissing charges.
In civil cases, the court may make any order the interests of justice require if
the informer has pertinent information. Evidence presented to the court shall be
sealed and preserved to be made available to the appellate court in the event
of an appeal, and the contents shall not otherwise be revealed without consent
of the informed public entity.
Effective:July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 30; amended 1992 Ky. Acts ch. 324,
sec. 13; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34.
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