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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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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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