Undercover Operations Act: Hearing Before the Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, Second Session, on S. 804 ... May 16, 1984U.S. Government Printing Office, 1984 - 362 pages |
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Page 10
... religious , or news media organization or entity , there shall be a finding that there is probable cause to believe that the operation is necessary to detect or to prevent specific acts of criminality . S 804 IS 1 2 3 4 5 7 " ( 4 ) 10.
... religious , or news media organization or entity , there shall be a finding that there is probable cause to believe that the operation is necessary to detect or to prevent specific acts of criminality . S 804 IS 1 2 3 4 5 7 " ( 4 ) 10.
Page 11
... believe that the operation is necessary to detect or pre- vent specific acts of criminality . 9 " ( b ) All findings required to be made by subsection ( a ) 10 shall be made by the Undercover Operations Review Com- 11 mittee for the ...
... believe that the operation is necessary to detect or pre- vent specific acts of criminality . 9 " ( b ) All findings required to be made by subsection ( a ) 10 shall be made by the Undercover Operations Review Com- 11 mittee for the ...
Page 25
... political , governmental , religious or news media organization , or the impersonation of an attorney , clergyman , physician , or reporter , may not be initiated or maintained unless there is probable cause to believe that 25.
... political , governmental , religious or news media organization , or the impersonation of an attorney , clergyman , physician , or reporter , may not be initiated or maintained unless there is probable cause to believe that 25.
Page 26
... believe that the operation is necessary to detect or prevent specific criminal acts . This higher standard is justified because such operations may implicate important interests protected by the First Amend- ment , or by traditional ...
... believe that the operation is necessary to detect or prevent specific criminal acts . This higher standard is justified because such operations may implicate important interests protected by the First Amend- ment , or by traditional ...
Page 33
... believe that the operation is necessary to detect or to prevent specific acts of crimi- nality ; ( d ) When a government agent , informant , or cooperating individual will pose as an attorney , physician , clergyman , or member of the ...
... believe that the operation is necessary to detect or to prevent specific acts of crimi- nality ; ( d ) When a government agent , informant , or cooperating individual will pose as an attorney , physician , clergyman , or member of the ...
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Common terms and phrases
Abscam ACLU Angelo Errichetti approval ations Attorney General's Guidelines authority believe bill bribe Chairman Charles McC citizens civil liberties COLCOR Congress conviction Counsel Court criminal activity defendant Department of Justice dercover Director effective engage in criminal entrapment defense Errichetti evidence FBI undercover operations FBI's federal Fourth Amendment government agents illegal activity inducement infiltration initiation innocent intrusive involved judges Judiciary July 29 Justice Department law enforcement law enforcement agencies lawyer legislation meeting ment middlemen offer Operation Corkscrew Operation Greylord Operations Review Committee person police political corruption politicians pose probable cause procedures proposed prosecution prosecutor protect public officials reasonable suspicion recommendations require risk safeguards Section Select Committee Transcripts Senate Select Committee Senator MATHIAS standard statement statute statutory sting operation Subcommittee target testimony tion undercover activities undercover agent undercover employee Undercover Operations Guidelines Undercover Operations Review undercover technique United United States Attorney Webster Weinberg
Popular passages
Page 85 - ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 290 - It is well settled that the fact that officers or employees of the Government merely afford opportunities or facilities for the commission of the offense does not defeat the prosecution.
Page 71 - Neither this Court nor any member of it has ever expressed the view that the Fourth Amendment protects a wrongdoer's misplaced belief that a person to whom he voluntarily confides his wrongdoing will not reveal it.
Page 348 - Finally, while the inquiry must focus primarily on the conduct of the law enforcement agent, that conduct is not to be viewed in a vacuum; it should also be judged by the effect it would have on a normally law-abiding person situated in the circumstances of the case at hand.
Page 277 - But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.
Page 56 - Goldstein, For Harold Lasswell: Some Reflections on Human Dignity, Entrapment, Informed Consent, and the Plea Bargain, 84 Yale LJ 683 (1975); Williams, The Defense of Entrapment and Related Problems in Criminal Prosecution, 28 Ford.L.Rev.
Page 71 - The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume whenever we speak.
Page 323 - The fundamental freedoms of speech and press have contributed greatly to the development and well-being of our free society and are indispensable to its continued growth. Ceaseless vigilance is the watchword to prevent their erosion by Congress or by the States. The door barring federal and state intrusion into this area cannot be left ajar; it must be kept tightly closed and opened only the slightest crack necessary to prevent encroachment upon more important interests.
Page 85 - States for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
Page 3 - This morning the Subcommittee on Civil and Constitutional Rights of the House Judiciary Committee continues its hearings on HR 5030, theproppsed legislative charter for the Federal Bureau of Investigation.