April 01, 2006, 10:49
Gordon LeMaireUndercover video
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?
April 01, 2006, 19:50
BLeonardI can't see why the recording is suppressible. What argument did the d present in the trial court?
April 01, 2006, 21:30
Gordon LeMairehe 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.
April 02, 2006, 18:44
BLeonardI don't see that argument prevailing.