State v. Burney, 22803
| Decision Date | 06 October 1987 |
| Docket Number | No. 22803,22803 |
| Citation | 362 S.E.2d 635,294 S.C. 61 |
| Parties | The STATE, Respondent, v. Jackson D. BURNEY, Appellant. . Heard |
| Court | South Carolina Supreme Court |
J.H. Price, III, Greenville, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Norman Mark Rapoport, Columbia, and Solicitor Joseph J. Watson, Greenville, for respondent.
These two criminal cases, consolidated for appeal, resulted in appellant, Jackson D. Burney's (Burney), conviction for unlawful possession of a controlled substance, trafficking in cocaine, possession of a pistol with an altered serial number, possession of a sawed-off shotgun, and simple possession of marijuana. We affirm.
The only issue raised by Burney with which we are concerned relates to the State's refusal to reveal the identity of a confidential informant.
In early 1985, the Greenville County Sheriff's Department began an investigation of Burney. On March 1, 1985, a confidential informant made a controlled buy of cocaine from Burney at his residence. The police did not obtain a search warrant at that time, preferring to wait for information leading to the purchase of a larger quantity of drugs from Burney. Burney was not charged with any crime for his participation in the controlled buy.
During the next ten months the confidential informant twice went to Burney's residence but noticed no large amounts of drugs. Finally, in January 1986, the informant did observe a large quantity of drugs at the residence.
Based upon the informant's observations, a warrant was obtained to search Burney's house. The affidavit supporting the search warrant stated, among other things, that the confidential informant had made a controlled purchase of cocaine from the premises to be searched.
The police, executing the warrant on January 17, 1986, seized drugs, drug paraphernalia, and weapons.
Burney's pre-trial motion to compel the State to disclose the identity of the confidential informant was denied.
Although the State is generally privileged from revealing the name of a confidential informant, disclosure may be required when the informant is an active participant in a criminal transaction. State v. Diamond, 280 S.C. 296, 312 S.E.2d 550 (1984); State v. Blyther, 287 S.C. 31, 336 S.E.2d 151 (Ct.App.1985). Appellant argues the informant's identity should have been revealed because he participated in the investigation of appellant. We disagree.
The confidential informant's role in this case was limited to supplying the police with information regarding Burney's possession of narcotics. Although he did participate in the controlled buy in 1985, the transaction here served only to aid in establishing the informant's reliability. The informant did not participate in the drug bust of January 17, 1986, or in any other transaction involving the possessory offenses for which Burney was tried and...
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State v. Humphries
...determination that the informant was a mere tipster and its decision to deny the motion to reveal his identity. See State v. Burney, 294 S.C. 61, 362 S.E.2d 635 (1987) (declining to compel the identification of a "tipster."); State v. Blyther, 287 S.C. 31, 336 S.E.2d 151 (Ct.App.1985) (reco......
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State v. Gamble
...(1986) (approving use of hearsay evidence in a hearing before a judge to determine the admissibility of evidence); State v. Burney, 294 S.C. 61, 62, 362 S.E.2d 635, 636 (1987) (State not required to reveal name of confidential informant unless an active participant in the criminal transacti......
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Brooks v. State
... ... State v. Blyther, 287 S.C. 31, 336 S.E.2d 151 (Ct.App.1985), cited with approval in State v ... Burney, 294 S.C. 61, 362 S.E.2d 635 (1987) (disclosure required where informer introduced seller by different last name, and where police report written by ... ...
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State v. Bultron, 2340
...We disagree. Generally, the State may not be compelled to disclose the names of its confidential informants. State v. Burney, 294 S.C. 61, 362 S.E.2d 635 (1987). However, this privilege of nondisclosure must give way to the rights of the accused where the informant's identity is relevant an......