Is it unwise to impose upon the judiciary the inquisitorial function of scrutinizing the internal operations of law enforcement agencies?

MultiRegion, United States of America

The following excerpt is from United States v. Feinberg, 383 F.2d 60 (2nd Cir. 1967):

It would be unwise to impose upon the judiciary the inquisitorial function of scrutinizing the internal operations of law enforcement agencies when no possible prejudice to the accused has been shown. Acceptance of the proposition advanced by appellant would encourage hasty, less efficient investigation and premature deprivations of freedom, curtail the investigation of organized crime, and lodge with enforcement agents the procedural onus of recording in detail every event in the investigative process. In short, fear of forfeiting a prosecution would frequently induce unreasonable speed which "would have a deleterious effect both upon the rights of the accused and upon the ability of society to protect itself." United States v. Ewell, 383 U.S. 116, 120, 86 S.Ct. 773, 776 (1965).6

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