The police also check other directories, such as the Penn State student directory online, to see if the cell phone number is linked to the drug delivery target. In order to link the drug delivery target to the cell phone number, police use an internet website to discover the owner of the phone number as listed on the cell phone plan. If text messages are sent, the police often take photographs of the of text messages so that there is no dispute about what was discussed and when. Also, in some situations, the police will conduct consensual recordings of phone calls, meaning they will record calls between the informant and the drug delivery target. Calls between the confidential informant and the drug delivery target can be confirmed via photos of the call log on the informant’s phone. For example, the confidential informant will often contact the drug delivery target via text messages or cell phone calls. The police and district attorney know that the weakest part of their case is the confidential informant, so the police try to corroborate as much of the confidential informant’s testimony as possible.
At any hearing in which the confidential informant testifies, an aggressive criminal defense attorney will challenge the informant’s credibility by questioning the informant about his or her own pending charges and desire to do almost whatever it takes to get someone else into trouble so that the informant gets a better deal from the district attorney. In many situations, the confidential informant has pending drug delivery charges against him or her and are therefore cooperating with the goal of receiving lenient treatment from the district attorney on his or her charges. The weakest part of a case that stems from a controlled buy of drugs is the testimony of a confidential informant as the informant is almost always cooperating with the police or district attorney in order to obtain favorable treatment. Basically, a confidential informant tells the police about a person that is suspected of selling drugs, and the confidential informant then is given permission by the police to schedule the purchase and delivery of drugs. A controlled buy of drugs is a purchase of drugs by an undercover police officer or confidential informant at the direction and supervision of the police. Many drug delivery cases in Centre County are the products of “controlled buys” of drugs from drug delivery targets. Also, most drug delivery cases are not based solely upon the testimony of confidential informants. Many cases are “he said, she said” or “he said, he said” types of cases. While it may not seem fair or appropriate, criminal charges can be based upon the testimony of another person.
How can I be charged with delivery of drugs when the only witness was a confidential informant? Being Charged with Delivery of Drugs