What is the effect of subpoenaing an informant in a criminal case?

MultiRegion, United States of America

The following excerpt is from Grievance Committee for Southern Dist. of New York v. Simels, 48 F.3d 640 (2nd Cir. 1995):

In the present case, the prosecutor issued a subpoena for the informant, not to secure his attendance before the grand jury, but to create a pretense that might help the informant elicit admissions from a represented suspect. Though we have no occasion to consider the use of this technique in relation to unrepresented suspects, see United States v. Martino, 825 F.2d 754 (3d Cir.1987), we believe that use of the technique under the circumstances of this case contributed to the informant's becoming the alter ego of the prosecutor. Consequently, the informant was engaging in communications proscribed by DR 7-104(A)(1).1

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