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John Murtha — Part 28
Page 52
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to this district judge in light of the clear federal prece-
dents that reject objective entrapment.
2. "Outrageous" Government Conduct.
Even if objective entrapment is not to be the
Standard, defendants argue, these indictments should be
dismissed because the government's handling of the investi- ~ .
@ gation was "so outrageous that due process principles would
absolutely bar the government from invoking judicial proces-
ses to obtain a conviction." This argument stems from
‘Russell, 411 US at 431-32, where Justice Rehnquist, speaking
ee C for the majority, acknowledged that such a Situation of
"outrageous" conduct "may some day be presented', - Justice
Rehnquist repeated that thought in Hampton, 425. US at 489.
v
. ; It is important to recognize, however, that in
neither Russell nor Hampton was the questioned governmental
conduct held to be "outrageous". ‘Nor has any other decision
of the Supreme Court. found. law. enforcement officers! conduct
to be so "outrageous" as to require dismissal of-an indict- _
ment. Thus, even though the Supreme Court has yet to be |
confronted with or to offer a description of circumstances
sufficiently outrageous. to warrant dismissal, the governing
principle remains that in some case, under some circumstances,
the conduct of law enforcement officials may some day bar
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