Pubdate: Tue, 25 Jan 2000 Source: Denver Post (CO) Copyright: 2000 The Denver Post Contact: 1560 Broadway, Denver, CO 80202 Fax: (303) 820.1502 Website: http://www.denverpost.com/ Forum: http://www.denverpost.com/voice/voice.htm Author: Darin Gabbert Bookmark: MAP's link to Colorado articles, including many about Ismael Mena, is: http://www.mapinc.org/states/co Informants' Testimony Used As Shortcut As The Post continues to report on the story of Ismael Mena, my thoughts go back to a question that I asked Denver District Attorney Bill Ritter at a panel discussion concerning police powers. It is my understanding that the confidential informant is rarely, if ever, brought before the issuing judge so that the judge may assess the veracity of the informant's statment. If a police officer does not have to worry about producing any "evidence" as to the truthfulness of an informant's statement, how then can we know (even after the fact) if the statement is valid. I asked Ritter whether there are any procedural safeguards in place within either the police department or the district attorney's office to prevent misuse of a confidential informant's "testimony" in the warrant application process. Ritter maintained that the integrity of the individual police officer and the integrity of the police force generally was enough to ensure our Fourth Amendment protections against unlawful search or seizure. Ritter also indicated that judges issue warrants often based solely on the word of the officer seeking the warrant as to the validity of a confidential informant's "testimony." In the case of Ismael Mena, news reports suggest that the "testimony" of a confidential informant was used exclusively as the justification for the warrant. What seems evident is that the confidential informant is apt to be used as a shortcut for a police officer who cannot find probable cause for the issuance of a warrant any other way. With an investigation under way concerning the use of a search warrant that ended with the death of an innocent man, the public are entitled to answers to these questions: Who is the informant whose "testimony" was used to obtain the warrant? Why was a judge allowed to issue a no-knock warrant based wholly on unsubstantiated "testimony''? What can be done to ensure that this never happens again? Darin Gabbert Denver - --- MAP posted-by: Richard Lake