informant’s privilege

The qualified privilege that a government can invoke to prevent disclosure of the identity and communications of its informants.

• In exercising its power to formulate evidentiary rules for federal criminal cases, the U.S. Supreme Court has consistently declined to hold that the government must disclose the identity of informants in a preliminary hearing or in a criminal trial. McCray v. Illinois, 386 U.S. 300, 312, 87 S.Ct. 1056, 1063 (1967). A party can, however, usu. overcome the privilege by demonstrating that the need for the information outweighs the public interest in maintaining the privilege.

— Also termed informer’s privilege. [Cases: Criminal Law 627.6; Witnesses 216(4). C.J.S. Criminal Law § 495; Witnesses § 365.]

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