Opinion

State v. Eshuk

  • 347 So. 2d 704
  • 1977 Fla. App. LEXIS 16155
Court
District Court of Appeal of Florida
Filed
Jun 14, 1977
Status
Published
Author
Barkdull
On the bench
Barkdull, Carroll, Hendry, Ret
Cited by
2 cases
Authority
More cited than 25.5%

The opinion

BARKDULL, Judge,

dissenting.

I respectfully dissent. The trial judge dismissed a criminal prosecution because of improper conduct on the part of law enforcement officers and a paid informant. One Woosley was arrested by the Opa-Loc-ka police for a series of burglaries. In exchange for getting these charges dropped, he offered to make drug cases against other persons. The Public Safety Department was contacted; two police officers interviewed Woosley and took him on as a paid informant if he proved useful. Subsequent to this employment, the confidential informant arranged a meeting be *710 tween the Public Safety Department officers and the defendant Eshuk. As a result of the buy in the Eshuk transaction, the confidential informant proved his credibility to the officers, and he then commenced to make other cases for which he was paid $50.00 each.

I recognize that confidential informants may be used and paid for information relating to a crime already committed; however, I think it would be a grievous error to encourage the payment of confidential informants on a contingent basis for acts they are to arrange in the future and, therefore, I would affirm the action of the trial judge. See: Williamson v. United States, 311 F.2d 441 (5th Cir. 1962).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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