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CA9: Use of fake subpoena to snitch to show to represented party did not violate Cal. CPR 2-100

By John Wesley Hall, Jr.

Although the District Court held that the government violated California CPR 2-100, the Ninth Circuit disagrees and holds that using a fake subpoena with a snitch to get a represented person to incriminate himself did not violate the rule nor require suppression. United States v. Corona, 09-50235 (9th Cir. January 6, 2011): The use of a false subpoena attachment did not cause the cooperating witness, Haidl, to be any more an alter ego of the prosecutor than he already was by agreeing to work with the prosecutor. Haidl was acting at the direction of the prosecutor in his interactions with Carona, yet no precedent from our court or from any other circuit, with the exception of Hammad, has held such indirect contacts to violate Rule 2-100 or similar rules...continue to full post

Full post as published by Law Of Criminal Defense on January 10, 2011 (boomark / email).