What is the test for "exceptional circumstances" in the criminal justice system?

MultiRegion, United States of America

The following excerpt is from United States v. Favaloro, 493 F.2d 623 (2nd Cir. 1974):

In United States v. Pollak, 474 F.2d 828 (2d Cir. 1973), we suggested that, "perhaps, an extraordinary situation in the office of the prosecutor" could constitute an exceptional circumstance. 474 F.2d at 830. Without categorically rejecting that suggestion we find that the facts here do not amount to "exceptional circumstances."

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