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When law enforcement uses a confidential informant to obtain a search warrant, the officers will ask the court to leave the contents of the warrant sealed. The affidavit must also state a factual basis supporting an allegation of a crime. Search warrants must be supported by affidavits or sworn statements either naming or describing the person to be searched or state with particularity the place to be searched and what items may be seized. Upon using a confidential informant to facilitate the commission of a crime, law enforcement will use the confidential informant as the basis to obtain a search warrant. Confidential Informants and Search Warrants in Ohio

In some cases, the defense of “entrapment” can be used to demonstrate that “but for” the actions of the confidential informant, the crime would not have occurred. Since the confidential informant is acting at the behest of law enforcement, the confidential informant receives immunity from prosecution for his or her participation in the crime (i.e., drug possession). The confidential informant acts as a witness and approaches a person for the purpose of having the purpose facilitate a “drug buy.” For example, the confidential informant will approach a person and ask for marijuana, cocaine, etc., and give the person money in exchange for the drug. The confidential informant is typically facing their own criminal charges, such as drug possession or drug trafficking, and the police have negotiated a deal, sometimes through the confidential informant’s criminal defense attorney, for cooperation in setting up another person in exchange for not pursuing criminal charges against the informant. Law enforcement often uses confidential informants, also known as “C.I.’s,” when pursuing drug cases in Ohio.