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Here is the situation:

CI (paid for sting, not looking for help on an offense) goes in to buy drugs. He is wearing audio/video wire. Transaction is recorded, not the best recording but enough to convince a jury. Defense counsel announces intent to appeal.

I strongly suspect (because he said so) that one issue will be the legality of covert recording by a CI in a sting op. Any body run across anything on the issue?
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I can't see why the recording is suppressible. What argument did the d present in the trial court?
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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he argued trespass. The guy we popped was the owner, and his brother was the target who invited him to the residence (brother was living there). But, CI was never told to leave, and landowner did sell the crack.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I don't see that argument prevailing.
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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