Supreme Court of the United States
Weatherford v. Bursey, 429 U.S. 545, 558 (1977). In this case, a government informant sat in on A/C meetings, did not disclose this information to police, but later testified against the defendant. “There being no tainted evidence in this case, no communication of defense strategy to the prosecution, and no purposeful intrusion by Weatherford, there was no violation of the Sixth Amendment insofar as it is applicable to the States by virtue of the Fourteenth Amendment.”
United States v. Morrison, 449 U.S. 361, 365–66 (1981). “[A]bsent demonstrable prejudice [resulting from a Weatherford violation], or substantial threat thereof, dismissal of the indictment is plainly inappropriate, even though the violation may have been deliberate. . . The remedy in the criminal proceeding is limited to denying the prosecution the fruits of its transgression.
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