{"id":4378,"date":"2011-01-09T22:15:20","date_gmt":"2010-07-02T05:50:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-02T05:50:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4378","title":{"rendered":"D.Del.: Product of SW before GJ not “outrageous”"},"content":{"rendered":"

Outrageous government misconduct claim of presenting allegedly false information to the grand jury that came from search warrants is rejected. \u201cThe grand jury serves as a referee or buffer between the government and the people. United States v. Williams<\/a>, 504 U.S. 36, 47 (1992). It is an accusatory body that sits \u2018not to determine guilt or innocence, but to assess whether there is adequate basis for bringing a criminal charge.\u2019 Id. at 51; Bracy v. United States<\/a>, 435 U.S. 1301, 1302 (1978).\u201d United States v. Dynkowski, 720 F. Supp. 2d 475 (D. Del. 2010):<\/p>\n

The “judiciary is extremely hesitant to find law enforcement conduct so offensive that it violates the Due Process Clause.” United States v. Voigt<\/a>, 89 F.3d 1050, 1065 (3d Cir. 1996). To that end, the Third Circuit has admonished that the doctrine is to be implicated only “in the face of the most intolerable government conduct” and “not each time the government acts deceptively or participates in a crime that it is investigating.” Lakhani, 480 F.3d at 180 (citations and quotations omitted); United States v. Pitt<\/a>, 193 F.3d 751, 761 n.11 (3d Cir. 1999) (collecting cases); United States v. DeRewal, 10 F.3d 100, 105 n.3 (3d Cir. 1993) (“in the 15 years since [the outrageous conduct doctrine] was decided, [the Third Circuit] has not found any case warranting dismissal of criminal charges on a similar ground”).<\/p>\n

The court finds the challenged misconduct, even if true, does not establish the extent of outrageous government conduct that would be necessary to prevail. Significantly, the alleged false and inflammatory information that was the alleged catalyst to the investigation and was included in the search warrants and presented to the grand jury occurred after the crimes had occurred. The Third Circuit has not recognized such conduct as sufficiently outrageous to implicate the doctrine and the court finds that none of the conduct was demonstrably outrageous or intolerable or even close to meeting the rigorous standards enunciated in United States v. Nolan-Cooper, 155 F.3d at 230-231; United States v. Montgomery, 336 Fed. Appx. 221 (3d Cir. 2009); United States v. Georgiou, 2009 WL 4641719 (E.D. Pa. December 7, 2009).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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