Can a prosecutor reveal information from law enforcement officers in a later civil suit against those officers?

Plain-English summary

An assistant state attorney, acting in his official capacity, received confidential information from law enforcement officers in connection with a criminal prosecution. He asked whether Canon 4 of the Code of Professional Responsibility prohibited him from revealing that information in a civil action against the officers arising from the earlier criminal trial.

The committee concluded that Canon 4 did not prohibit him from revealing the information in the civil trial, reasoning that the state attorney represents the people, not the law enforcement officer, and citing EC 7-13.

Currency note

This opinion was issued in 1977, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rule 4-1.6 before relying on any specific requirement mentioned here.

Common questions

Q: Does a prosecutor owe a confidentiality duty to the police officers who give him information?

A: The opinion concluded the confidentiality canon did not bar him from revealing the information, because the state attorney represents the people, not the officers.

Q: Could the prosecutor use that information in a civil case against the officers?

A: Per the opinion, yes; Canon 4 did not prohibit revealing the information in the related civil trial.

Background and rules framework

The opinion applied Canon 4 (preservation of confidences and secrets) and EC 7-13 of the former Code of Professional Responsibility, in the context of a government lawyer whose client is the public rather than the officers who supplied information. That subject corresponds to Model Rule 1.6 (confidentiality of information); the current Florida counterpart is Rule 4-1.6.

Citations and references

Rules of Professional Conduct (as cited, former Code):

• CPR Canon 4 (preservation of confidences); EC 7-13 (prosecutor's responsibility)

See also

• FL Bar Ethics Op. 76-18: Assistant City Attorney Conflict

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-76-4/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-76-4-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 76-4
February 15, 1977
Advisory ethics opinions are not binding.
An assistant state attorney who, in his official capacity, receives certain confidential information from law enforcement officers in connection with a criminal prosecution may ethically reveal that information in a relative civil action against the law enforcement officers.
CPR: Canon 4; EC 7-13
Chairman Sullivan stated the opinion of the committee:
An assistant state attorney acting in his official capacity receives certain confidential information from law enforcement officers in connection with a criminal prosecution. He asks whether Canon 4 of the CPR prohibits him from revealing that information in a civil action against the law enforcement officers resulting from the earlier criminal trial.
We are of the opinion that Canon 4 does not prohibit the assistant state attorney from revealing such information in the civil trial. The state attorney represents the people, not the law enforcement officer. See EC 7-13.