Finding Drugs Based on Informant's Knowledge
In Bodin v. State, 807 S.W.2d 313, 318 (Tex. Crim. App. 1991), the informant showed officers drugs he had bought in appellant's apartment; the officers used this to get a search warrant; and appellant was arrested for possessing the same type of drug found in a box in his apartment. Id. at 315.
The appellant denied the box or drugs were his, claimed instead they belonged to a man who had visited his apartment before the arrest, asserted an entrapment defense, and argued he needed to know if this man was the informant to develop this defense. Bodin, 807 S.W.2d at 315-16.
The Bodin Court held this evidence showed the informant knew facts relevant both to possession and the entrapment defense. Id. at 318.
Rule of evidence 508(c)(2) provides, "If it appears . . . that an informer may be able to give testimony necessary to a fair determination of a material issue on . . . guilt or innocence . . . the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony." TEX. R. EVID. 508(c)(2).