McCray v. Illinois

In McCray v. Illinois (1967) 386 U.S. 300, the United States Supreme Court held that the United States Constitution does not require abolition of the informant privilege where an informant's communication has been used to establish cause for an arrest or search. The court specifically cited former subdivision (c) of section 1042 of the California Evidence Code in its opinion. In upholding the privilege, the court emphasized the procedures that had been followed in the McCray trial and presumably should be followed in all cases to determine the informant's reliability: "The arresting officers in this case testified, in open court, fully and in precise detail as to what the informer told them and as to why they had reason to believe his information was trustworthy. Each officer was under oath. Each was subjected to searching cross-examination. The judge was obviously satisfied that each was telling the truth, and for that reason he exercised the discretion conferred upon him by the established law of Illinois to respect the informer's privilege." (386 U.S. at p. 313.)