The following Fact Pattern #1 will apply to several question…
The following Fact Pattern #1 will apply to several questions. The facts will be the same for each question, and you will not need to re-read them to see if there are any changes for individual questions. Fact Pattern #1: The state police have been conducting an investigation into a gang that is involved a drug conspiracy. For one suspect, Jones, they decide to ask the FBI to take the case, and Jones is later charged with drug distribution in federal court. The state police continue investigating the rest of conspiracy, and they have an informant, Irving, who is embedded in the drug distribution gang. Irving is at a gang meeting where one of the suspects, Smith, laughs that Jones was arrested and says that Jones had nothing to do with the gang. The informant tells his state police handler this. However, the handler knows that as an informant, Irving’s life would be in danger if his association with the police were known. The handler therefore decides not to tell the federal agents or the prosecutor. Instead, he writes a memo to the file to memorialize what Irving had told him about Smith’s statement. The federal prosecutor asked the state police for their file, but he did not follow up when they did not provide it. The state police never tell the federal agents about Smith’s statement, and the federal prosecutor never learns of it. Which of the following it true (choose all that apply)