Which information is not subject to disclosure during discovery?

• A. Victim impact statement or its content unless required by law
• B. Identity of any individual providing information to a crime stoppers organization
• C. Identifying information about a witness (other than name, address, DOB, and phone number)
• D. Identity of a confidential informant

Answer: (D)

The key idea is protecting the identity of someone who provides information to law enforcement. The informant’s privilege shields confidential informants from discovery to encourage cooperation and to keep them safe from retaliation. Because revealing who they are can chill future tips and endanger lives, courts generally do not disclose their identity in discovery unless the defense proves a strong, particular need and the court weighs that against the interest in secrecy, sometimes via in-camera review and limited disclosure.

In contrast, other items mentioned may be subject to disclosure under different rules or circumstances, so they aren’t universally protected in the same way. The protective status of an informant’s identity makes it the information not subject to discovery in ordinary circumstances.