Which statement correctly reflects protection of informant identity in probable cause submissions?

• A. The identity of the informant may be protected to preserve confidentiality
• B. The identity must be publicly disclosed
• C. The identity must be provided to the judge only if asked
• D. The identity must never be protected

Answer: (A)

Protection of informant identity in probable cause submissions centers on balancing the need for credible information with the safety and cooperation of informants. In affidavits used to obtain warrants, officers may rely on information from confidential informants while keeping their identity confidential to preserve confidentiality and protect the source. The court evaluates probable cause from what is stated, the informant’s basis of knowledge, and any independent corroboration, not from knowing the informant’s name. Revealing the identity could deter future cooperation and endanger the informant, so confidentiality is allowed and often expected. The identity would be disclosed only in limited, exceptional circumstances if the defense can show a legitimate need to challenge the probable cause, and even then the court may use protective measures or in-camera review.