U.S. v. Thomas

In prosecution on drug and unlawful possession of firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress gun and heroin seized from defendant, even though defendant argued that govt. violated Brady by failing to turn over information about confidential informant, whose information formed basis of search warrant on which police relied to conduct search. No Brady violation occurred, since defendant failed to establish any prejudice arising out of govt. withholding of said information, where: (1) govt. may withhold identify of confidential informant unless identity is helpful to defense or essential to fair determination of cause; (2) defendant was aware that there was confidential informant and had failed to move for disclosure of same; and (3) detailed information provided by confidential informant, who testified before judge issuing warrant, as well as corroboration of said information by police, provided sufficient probable cause to issue warrant whether or not defendant was aware of informant’s identity.