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D.Del.: Product of SW before GJ not "outrageous"

By John Wesley Hall, Jr.

Outrageous government misconduct claim of presenting allegedly false information to the grand jury that came from search warrants is rejected. “The grand jury serves as a referee or buffer between the government and the people. United States v. Williams, 504 U.S. 36, 47 (1992). It is an accusatory body that sits ‘not to determine guilt or innocence, but to assess whether there is adequate basis for bringing a criminal charge.’ Id. at 51; Bracy v. United States, 435 U.S. 1301, 1302 (1978).” United States v. Dynkowski, 2010 U.S. Dist. LEXIS 64485 (D. Del. June 29, 2010): The "judiciary is extremely hesitant to find law enforcement conduct so offensive that it violates the Due Process Clause." United States v. Voigt, 89 F...continue to full post

Full post as published by Fourth Amendment on July 02, 2010 (boomark / email).