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HEARNAP — Part 26
Page 22
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Ao ee ee So
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declarations involves illegal government actions directoaseerarde
Antes tape ee ete
Pe tie ess
Aig he
the defendants in the instant case. The warrantless: ‘entries,
cone ee Ser eee
bribe offers for entrapment, threats, and illegal eaveséropning
were all perpetrated in an effort to apprehend the defendents.
These acts, committed, without he slightest regard for legality
Re,
eel Abe Oe ee ah ny
me
and decency, are also rons de conscience of civilized nen.
gE oR
~ 5 oo oO Rm HF wD
See Rochin v. California, 34 Be.sMig ass.
~
t
Land
0
Mc a ea
Misconduct, in the legal sense, Means “reprehensible
: a . .
conduct" which threatens the right to a fair trial. People v. .
~
Seer a)
-
fos
foe Bre) es eek a te
‘ Ditworth, 78 PR Rptr. 817 A569}. ° In cases involving sar less .
~
ey .
“Ns,
egregious misconduct, the Supreme Court has insisted upon oromot
Load
and drastic actiol toksee that the ‘waters of justice are not
a
“polluted, for *the reservoir ‘cannot be cleansed. without first
~
o 8 om OH
bed
draining it of all impurity." Hesarosh v. United States, 252 U.S.
i, 14. To uphold the indictment in the face of such blatantly
iViegal’ conduct on the part of the government would be tantenount
oe
affixing a judicial stamp of approval upon these actions. See
han? upta, at 445. Courts have a primary duty to protest the
, a’, the laws.
The facts in the instant case show a deliberate and
continuous disregard for constitutional limitation on: the exercise
.©O£ police power. The District court in v U. S$. ve “Banks,” sunra, at
396, stated in dismissing the case for governmental misconduct <
that the government must not ke allowed to seek convictions at the’
expense of justice. Dismissal is "warranted in the event that- the
deliberate misconduct of [the Government] we is so outragcous.as_
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