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John Murtha — Part 28
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that conclusion because the bribe money was forced on defen-
dants by threats of withholding the hotel investment, a
substantial benefit to their city, if defendants did not ..
take the money. To the extent that Judge Fullam may have
felt that the amount of a bribe offer, standing alone,
may insulate its recipient from prosecution, this court
respectfully disagrees.
5. Need for the Investigative Tactic.
A vital factor in evaluating the government's
conduct is whether there was any particular need for the
kind of investigative tactic employed. The Supreme Court
has recognized with drug-related offenses that undercover
activities by governmental agents ig necessary for proper
law enforcement:
The illicit manufacture of drugs.
is not a sporadic, isolated criminal
incident, but a continuing, though |
illegal, business enterprise. In order
to obtain convictions for illegally
manufacturing drugs, the gathering:
of evidence of past unlawful conduct
fréquently proves to be an all but
impossible task. Thus in drug-related
offenses law enforcement personnel
have turned to one of the only practic-
able means of detection: the infiltra-
tion of drug rings and a limited partici-
pation in their unlawful present practices.
Such infiltration is a recognized and
permissible means of investigation;
if that be so, then the supply of some
item of value that the drug ring requires
must, as a general rule, also be permis-
sible. For an agent will not be taken
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