Is Police Use of Informants Violating Your Rights?

When the Police Use Informants, Your Rights Still Matter

Being investigated or charged with a crime in New York is already overwhelming. But when you find out the police used an informant, maybe even someone you know, it adds another layer of fear. You start questioning what was said, what was recorded, and what the police can legally do with it. That’s a heavy weight to carry.

At Horn Wright, LLP, we help people across New York push back when the system goes too far. If an informant targeted you unfairly or gathered evidence in a way that violated your rights, we’re here to fight for you. Our civil rights attorneys know how informant use works in both large cities like Brooklyn and smaller counties like Dutchess. Let us help take that stress off your shoulders.

Police Informants: Who They Are and What They Do

Police departments across New York rely on informants to build cases. These informants often come from within the same communities where arrests take place. Some are working off their own charges. Others are paid or promised leniency. But all of them are feeding information back to law enforcement.

There are two main types:

• Confidential Informants (CIs): These individuals provide information secretly, usually under a deal or threat.
• Cooperating Witnesses: These people may testify in court as part of a plea agreement.

In New York State, informants appear frequently in investigations tied to drugs, guns, fraud, and organized crime. In areas like the Bronx or Albany, they’re often used to infiltrate networks. Sometimes they act as middlemen, arranging controlled buys or setting up meetings. That’s why it’s important to understand not just who these people are, but how they operate under police instruction.

Can Police Use Informants Without Telling You?

Under New York law, officers can use informants without your knowledge or consent. You might interact with one unknowingly. They may record conversations, wear hidden microphones, or even pressure you into illegal activity while undercover. Law enforcement agencies, including the NYPD and state police, often withhold informant identities during investigations. In places like Syracuse or Jamaica, Queens, that secrecy is meant to protect informants from retaliation, but it also raises fairness concerns.

You won’t always be told if a confidential informant was involved. Even before trial, prosecutors might try to keep that information sealed. Your defense attorney, however, can request discovery and file motions to uncover the informant’s role. That process can reveal serious misconduct, like the kind seen in some false imprisonment cases.

What Are Your Rights If an Informant Targets You?

Your rights don’t disappear just because someone else is feeding information to police. You’re still protected by the Constitution and by specific legal standards under New York law.

These rights include:

• Fourth Amendment: Protection against unlawful searches or seizures
• Fifth Amendment: The right to remain silent
• Sixth Amendment: The right to legal counsel and to confront witnesses

Under New York law, police must obtain a valid search warrant before entering your home or tapping your phone. If an informant provided evidence to support that warrant, your attorney has the right to challenge the basis for it. In some counties, like Westchester or Monroe, courts have dismissed search results tied to unreliable sources.

Also, if police used an informant to record you after your arrest, and you had already requested a lawyer, that could violate your civil rights. These situations don’t always look the same, but the law gives you tools to challenge illegal tactics.

Informants and Entrapment in New York State Law

Entrapment occurs when law enforcement pressures someone into committing a crime they would not have committed without that influence, and under New York Penal Law § 40.05, it can serve as a legal defense. The central issue is whether the accused had a preexisting intent to commit the crime or was improperly persuaded by an informant. While New York courts apply this defense cautiously, it remains a valid strategy in situations where the accused acted under pressure they would not have otherwise faced.

When Police Don’t Follow the Rules in New York Cases

Sometimes, law enforcement crosses the line. Informants lie. Officers ignore red flags. Prosecutors withhold key details. When that happens, people across New York face charges that may not hold up under scrutiny.

Examples include:

• Jailhouse informants who fabricate confessions
• Controlled buys with no monitoring or audio backup
• Informants who plant evidence or incite violence
• Evidence gained through illegal wiretaps based on faulty tips

In Nassau County, judges have dismissed cases after discovering police relied on known unreliable informants. In Brooklyn, multiple cases unraveled when informants contradicted themselves or revealed bias.

These cases reflect patterns of misconduct similar to what occurred during the Rochester police scandal involving Daniel Prude’s death. When your rights are compromised, your defense attorney can file to suppress evidence or request a full dismissal.

Can a Judge or Jury Trust Informant Testimony?

Informants don’t always tell the truth. Many face pressure, work out plea deals, or seek payment. Judges and juries in New York recognize that, but prosecutors still lean heavily on these witnesses when physical evidence is lacking.

Under state jury instructions, jurors must weigh:

• Whether the witness received a benefit
• Whether they had a motive to lie
• Whether their account matches physical or testimonial evidence

Defense attorneys can also raise the issue of police misconduct, which remains a central concern in many trials involving informants. Courts may respond to evidence that a witness gave inconsistent statements or acted in bad faith.

Why Informant Use Is Rising in New York Law Enforcement

Police departments across the state are relying more on informants to close cases quickly. These individuals offer law enforcement insider access to street-level activity, making them appealing in both rural and urban investigations.

In Hudson Valley towns like Newburgh or Kingston, limited resources make it harder for police to conduct long-term surveillance. In Brooklyn or Harlem, informants can open doors that might otherwise stay closed. This trend often accelerates in high-crime areas where clearance rates matter politically and publicly.

But with this rise comes less oversight. Civil rights groups and legal analysts have raised concerns that agencies sometimes sidestep traditional investigative safeguards. The use of informants is less regulated than direct surveillance or controlled warrants, which opens the door to constitutional violations.

What to Do If You Think Police Used an Informant Against You

If you’ve been arrested or even questioned, and you believe an informant was involved, don’t wait. Every day that passes could make your defense harder to build.

Steps to take:

• Ask whether any evidence came from a confidential source
• Request full discovery through your attorney
• Check for pressure, threats, or manipulation in your case file
• Review search warrant claims for vague or misleading tips
• Challenge the credibility of any informant in hearings or pretrial motions
• Demand to know if post-arrest recordings violated your right to counsel

In New York courts, from Binghamton to Staten Island, your legal team can dig into how the case against you was built. If it turns out the informant acted outside lawful boundaries, you may be able to suppress evidence, reduce charges, or get the case dropped entirely.

Protecting Your Rights in a Complex System

The police have wide discretion when using informants, but that power has limits. In New York, your rights don’t vanish because someone else is working with law enforcement. They stay with you through every step of the process, from the first conversation to the final hearing.

At Horn Wright, LLP, we help people confront a legal system that can feel overwhelming and unfair. Our attorneys know how to expose the hidden tactics behind informant-based investigations. If you’re worried that your rights were violated during a police investigation, we’re here to help you understand your options and protect your future.