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Author Question: Was Doyle predisposed to sell drugs as a drug dealer? Undercover State Trooper Vinny, assigned to ... (Read 114 times)

jake

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Was Doyle predisposed to sell drugs as a drug dealer?
 
  Undercover State Trooper Vinny, assigned to an FBI task force investigating local motorcycle clubs suspected of selling narcotics, was introduced to members of the Longriders Motorcycle Club in Ludlow by cooperating informant (snitch) William Donais. (Donais agreed to cooperate with authorities after being arrested for a traffic incident. He was paid more than 100,000 for his work over a period of several years and received other benefits including housing and a motorcycle, which was necessary to maintain his role as a member of the Longriders Club.) Willie the snitch introduced Vinny to James Doyle (the defendant), a former president of the Longriders Club. On June 4, 1999, Vinny attempted to arrange a 500 purchase of cocaine from Doyle Longriders Club's clubhouse, using Donais as an intermediary. Doyle took Vinny into the clubhouse's bathroom, locked the door, gave Vinny his money back, said he needed more time to procure the cocaine, and said that he did not do business over the telephone. On July 8, 1999, Vinny again met Donais and Doyle at the clubhouse and purchased cocaine for  650. Vinny protested the increased price; Doyle explained that the price was higher because he was getting it from a different guy now; and that the other guy was in jail and the police were attempting to deport him. Doyle based his entrapment defense at his 2003 trial on the testimony of numerous witnesses (all Doyle's friends and associates) that he had undergone treatment for a cocaine addiction in 1997 and was no longer addicted or predisposed to use or sell cocaine at the time that the government, through Donais, infiltrated the Longriders Club in January 1998. They testified about Donais's persistent attempts to persuade Doyle to use and procure cocaine and about Donais's intimidating physical appearance. The defense also presented evidence that Donais was a cocaine addict but the judge refused to admit evidence showing that Donais died of a cocaine overdose in 2003.
  What will be an ideal response?

Question 2

Describe the exclusionary rule and fruit of the poisonous tree.
 
  What will be an ideal response?



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Jayson

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Answer to Question 1

Yes

Answer to Question 2

The exclusionary rule mandates that evidence obtained in violation of the U.S. Constitution cannot be admitted in a criminal trial to prove guilt. The fruit of the poisonous tree doctrine expanded the scope of the exclusionary rule to include evidence derived from materials that were unconstitutionally obtained.




Jayson

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