State v. Pautier

In State v. Pautier, 548 So. 2d 709 (Fla. 3d DCA 1989), the court discussed the sanction of dismissal for the State's failure to produce a confidential informant for an in camera hearing. The court held that dismissal may be imposed "where the failure of the State to comply with an order to produce a confidential informant, arises from the State's willful noncompliance, calculated official ignorance, or deliberate intentional activity." Id. at 711-12. Dismissal "should only be had when no viable alternative exists." Id. at 712 (quoting State v. Del Gaudio, 445 So. 2d 605, 608 (Fla. 3d DCA 1984)). In reversing an order of dismissal in that case, the court listed four alternatives that were available to the trial court: The trial court could have: (1) ordered instanter a writ of bodily attachment of the confidential informant; (2) charged a continuance to the State; (3) held an evidentiary hearing to determine the circumstances surrounding why the confidential informant could not be found; or; (4) ordered the disclosure of the confidential informant without an in camera hearing. Id. The district court held that dismissal of charges is appropriate where the State's failure to produce the informant's identity was the result of "willful noncompliance," "calculated official ignorance," or "deliberate intentional activity." However, the court noted that other alternatives should have been considered by the trial court before the ultimate sanction of dismissal was imposed, including a continuance or an evidentiary hearing to determine why the identity could not be produced.