Oklahoma § 12-2510 - Identity of informer

§ 12-2510. Identity of informer

A. The United States, state or subdivision thereof has a

privilege to refuse to disclose the identity of a person who has

furnished information relating to or assisting in an investigation

of a possible violation of a law to a law enforcement officer or

member of a legislative committee or its staff conducting the

investigation.

B. The privilege under this section may be claimed by an

appropriate representative of the public entity to which the

information was furnished.

C. The following shall be exceptions to the privilege granted

in this section:

1. No privilege exists if the identity of the informant or the

informant's interest in the subject matter of the informant's

communication has been disclosed to those who would have cause to

resent the communication by a holder of the privilege or by the

informant's own action, if the informant appears as a witness for

the government, or if information regarding the informant is

required to be disclosed pursuant to paragraph 4 of subsection A of

Section 2002 of Title 22 of the Oklahoma Statutes.

2. If the informant is also a material witness to the criminal

conduct with which the defendant is charged, or was a participant in

the criminal conduct conjointly with the defendant, or is shown to

be able to give testimony relevant to a material issue in the case.

3. If information from an informant is relied upon to establish

the legality of the means by which evidence was obtained and the

court or the defendant is not satisfied that the information was

received from an informant reasonably believed to be reliable or

credible, the court or defendant may require the identity of the

informant to be disclosed. The court shall, on request of the

government, direct that the disclosure be made in chambers. All

counsel and parties concerned with the issue of legality shall be

permitted to be present at every stage of a proceeding under this

subsection except a disclosure in chambers if the court determines

that no counsel or party shall be permitted to be present. If

disclosure of the identity of the informant is made in chambers, the

record thereof shall be sealed and preserved to be made available to

the appellate court in the event of an appeal, and the contents

shall not otherwise be revealed without consent of the government.

Oklahoma Statutes - Title 12. Civil Procedure

Added by Laws 1978, c. 285, § 510, eff. Oct. 1, 1978. Amended by

Laws 2002, c. 468, § 40, eff. Nov. 1, 2002; Laws 2020, c. 97, § 1,

eff. Nov. 1, 2020.