United States v. Darnell R. Kinnard, United States of America v. Mahlon Payne

LEVENTHAL, Circuit Judge,

concur-ing:

I concur in the reversal of Payne’s conviction and affirmance of Kinnard’s. Although I agree with much, perhaps most, of Chief Judge Bazelon’s opinion, there are important differences in approach and emphasis that lead me to state my views separately.

I

Addict informants present a serious problem of unreliability, for the reasons developed by Judge Bazelon, yet today’s crime problem requires the use of such informants, and court rules should not tamper unduly with the system, sacrificing the security of society without an advance in rights and liberties. The…