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Jurisdiction: Court of Appeals for the Second Circuit
Decision Date: 8/24/1988

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U.S. v. Hammad U.S. v. Hammad, 855 F.2d 36 (C.A.2 (N.Y.), 1988)

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        855 F.2d 36
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES of America, Appellant,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Eid HAMMAD, a/k/a Eddie Hammad, and Taiseer Hammad, Defendants-Appellees.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 882, Docket 87-1513.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        United States Court of Appeals, Second Circuit.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Argued March 24, 1988. Decided May 12, 1988. On Rehearing Aug. 24, 1988.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER ON PETITION FOR REHEARING

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Petition for rehearing in United States v. Hammad, 846 F.2d 854 (2d Cir. 1988) (Kaufman, Cardamone and Pierce, Circuit Judges ).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DENIED

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Before KAUFMAN, CARDAMONE and PIERCE, Circuit Judges.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                IRVING R. KAUFMAN, Circuit Judge:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The panel's unanimous opinion, filed May 12, 1988, addressed the concerns raised by

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 37

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                As we stated in our opinion, DR 7-104(A)(1) " 'would not require that government investigatory agencies refrain from all use of informants to gather information. ' " United States v. Hammad, 846 F.2d 854 860 (2d Cir. 1988) (quoting United States v. Jamil, 707 F.2d 638 645 (2d Cir. 1983)). To the contrary, the opinion expressly assures a prosecutor's ability to utilize informants to gather facts for law enforcement purposes--subject to ethical and legal restrictions. Thus, when a prosecutor "authorized by law" employs legitimate investigative techniques and conducts his inquiry in accordance with DR 7-104(A)(1), the use of an informant to gather information will be protected.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The concerns raised in the government's petition for rehearing were appropriately weighed in Hammad. It follows that there is no reason to alter the text of the opinion to cover hypothetical cases in futuro. Accordingly, the government's petition for rehearing should be denied.

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U.S. v. Hammad, 846 F.2d 854 (C.A.2 (N.Y.), 1988)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1988-05-12 Citations: 43
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U.S. v. Jamil, 707 F.2d 638 (C.A.2 (N.Y.), 1983)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1983-05-02 Citations: 29
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
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