Broussard v. Lippman

How later courts describe this case

• recording made in “non-custodial environment, prior to [defendant’s] charge, arrest, or indictment ... does not implicate the sort of ethical problems addressed by the Code”
• statements by government informant on tape recorded telephone conversation held to have been adopted by defendant under rule of adoptive admissions
• when “a district court anticipates that further proceedings on substantive matters may be required, any order it makes to facilitate those further proceedings is necessarily not final”
• noncustodial contact by an informant prior to arrest or indictment does not implicate the rule
• “jury must be instructed as to the defense theory of the case”
• “dilatoriness, standing alone, does not provide a sufficient basis for granting the writ”