Wassup with Judge Cracker?
A Few Online Sources About Police Lies

CIs and Trojan Horses

Can anyone help me locate cases and/or law review articles on the use of fictitious persons in police reports under the quise of confidential informants? I am writing a brief in a 1983 unreasonable force case and suspect that the cops lied about having informants to get a warrant. The following is the footnote I used to alert the Court to this issue. I'd like to supplement it with a citation or two.

"One of the great frustrations of criminal defense and police misconduct work is the suspicion that police officers are far too willing to adopt the Trojan Horse theory of report and affidavit writing. This theory refers to the fact that so long as the magic words "confidential informant" are included before a factual assertion, just about anything can be stuffed into a report. Defendants in criminal cases, and plaintiffs in police misconduct cases, must then kneel before the altar of the law enforcement privilege and take on faith the strange gifts these reports often reflect. Where, as here, the work of CI’s turns out to be mistaken, there is a legitimate question about whether the reliance on Cis was mere false and fictitious pretext for dressing up a hunch, conjecture or surmise insufficient for a warrant. In any case, the plaintiff contends that the defendants cannot rely upon the hearsay statements of unnamed and perhaps fictitious persons for purposes of obtaining a summary judgment ruling."