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Criminal Law

2013

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Investigation

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Dirty Silver Platters: The Enduring Challenge Of Intergovernmental Investigative Illegality, Wayne A. Logan Nov 2013

Dirty Silver Platters: The Enduring Challenge Of Intergovernmental Investigative Illegality, Wayne A. Logan

Scholarly Publications

This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper “working arrangements.” Judicial vigilance, however, has long since waned, a problematic development that has assumed added significance over time as investigations have become increasingly multijurisdictional and technologically sophisticated in nature.

The Essay offers the first comprehensive examination of this phenomenon …