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John Murtha — Part 28
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into the drug trade. These factors, separately or together, —
were insufficient to warrant dismissal of the indictment,
however, because they did not infringe any right of the —_
defendant. To present a valid defense, the court held,
the misconduct "must be postured as connected in some way
to the commission of the acts for which the defendant stands”
convicted". 585 F2d at 447. . i
Even with formal administrative regulations,
violation does not require so mild a sanction as suppression
of evidence, US v. Caceres, 440 US 741 (1979); much less
could violation of regulations or guidelines require dismis~
sal of an indictment.
Defendants point to certain "guidelines" for
the conduct of undercover investigations that had been
established by Attorney General Levi and that were referred
to by Assistant Attorney General Heymann in his testimony
before a congressional committee looking into Abscam after
it went public. While many of those guidelines may have
been aimed at producing "reliable" evidence, none of them .
alone expresses a constitutional standard. |
From the justice department's point of view,
an indictment should not be brought without an excellent
chance for a conviction; weak cases, therefore, are to
be avoided. Most of the guidelines have the dual purposes
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