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Abstract: Following the murder of Rachel Morningstar Hoffman-a 23- year-old college graduate-Florida passed "Rachel's Law," which established new guidelines for the police when dealing with confidential informants. Immediately prior to its enactment, lawmakers stripped Rachel's Law of key provisions. These provisions required police to provide a potential informant with an attorney before agreeing to any deal. Opponents of these provisions argue that they hamstring law enforcement agencies in their efforts to prosecute drug crimes. Rather than serving as an obstacle to effective law enforcement, the attorney provision in the original version of Rachel's Law enables efficient prosecution of crimes and protects minor drug offenders who may be unsuited for potentially dangerous undercover informant work. This Note recommends that the attorney provision be restored to Rachel's Law, and encourages other states to enact similar statutes.
INTRODUCTION
In 2008, police arrested Rachel Hoffman, a 23-year-old Florida State University graduate, after they found ecstasy pills and marijuana in her apartment.1 Facing multiple drug charges, she became an informant for the police department in Tallahassee, Florida.2 As part of a drug sting, Rachel attempted to buy cocaine and a firearm from two felons targeted by the police.3 Police recovered her body thirty-six hours later; Rachel had died from a gunshot wound.4
The public heavily criticized the Tallahassee police department for its handling of Hoffman, particularly for failing to provide her with proper training in her role as an informant.5 Soon after her death, Hoffman's parents and Florida lawmakers lobbied for the passage of confidential informant reform legislation.6 As a result, Florida passed "Rachel's Law" in 2009, becoming the first state to provide new policies and procedures for the use of informants by law enforcement.7 Rachel's Law requires the police to consider an informant's suitability for a particular agreement, including age, maturity, and the attendant risks of harm.8 The law requires police to inform suspects that police officers are not authorized to decide whether criminal charges are dropped or altered.9 It also legislates for more efficient investigations, such as a provision requiring law enforcement to consider "[t]he risk the person poses to adversely affect a present or potential investigation or prosecution . . . ."10
While applauded in many circles, lawmakers stripped the final version of Rachel's Law...