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<br />STATE OF CALIFORNIA <br />AUTHENTICATED <br />ELECTRONIC LEGAL MATERIAL <br />(1) Disclosure is forbidden by an act of the Congress of the United States or a <br />statute of this state. <br /> <br />(2) Disclosure of the identity of the informer is against the public interest because <br />the necessity for preserving the confidentiality of his or her identity outweighs the <br />necessity for disclosure in the interest of justice. The privilege shall not be claimed <br />under this paragraph if a person authorized to do so has consented that the identity <br />of the informer be disclosed in the proceeding. In determining whether disclosure <br />of the identity of the informer is against the public interest, the interest of the public <br />entity as a party in the outcome of the proceeding shall not be considered. <br /> <br />(b) The privilege described in this section applies only if the information is <br />furnished in confidence by the informer to any of the following: <br />(1) A law enforcement officer. <br /> <br />(2) A representative of an administrative agency charged with the administration or <br />enforcement of the law alleged to be violated. <br /> <br />(3) Any person for the purpose of transmittal to a person listed in paragraph (1) or <br />(2). As us <br />crime stopper organization. <br /> <br />(c) The privilege described in this section shall not be construed to prevent the <br />informer from disclosing his or her identity. <br />organization that accepts and expends donations used to reward persons who report <br />to the organization information concerning alleged criminal activity, and forwards <br />the information to the appropriate law enforcement agency. <br />(Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.) <br /> <br />1042. (a) Except where disclosure is forbidden by an act of the Congress of the <br />United States, if a claim of privilege under this article by the state or a public entity <br />in this state is sustained in a criminal proceeding, the presiding officer shall make <br />such order or finding of fact adverse to the public entity bringing the proceeding as <br />is required by law upon any issue in the proceeding to which the privileged <br />information is material. <br />(b) Notwithstanding subdivision (a), where a search is made pursuant to a warrant <br />valid on its face, the public entity bringing a criminal proceeding is not required to <br />reveal to the defendant official information or the identity of an informer in order to <br />establish the legality of the search or the admissibility of any evidence obtained as <br />a result of it. <br />(c) Notwithstanding subdivision (a), in any preliminary hearing, criminal trial, or <br />other criminal proceeding, any otherwise admissible evidence of information <br />communicated to a peace officer by a confidential informant, who is not a material <br />witness to the guilt or innocence of the accused of the offense charged, is <br />admissible on the issue of reasonable cause to make an arrest or search without <br />requiring that the name or identity of the informant be disclosed if the judge or <br /> <br />