| In SDNY Dai Seeks To
Suppress FBI Interview Because Driven to Kew
Gardens Not Manhattan
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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SDNY COURTHOUSE,
Jan 3 –
Hai Jiao Dai is charged with
importing to the US more than
100,000 contraband cigarettes.
On January 21 his Federal
Defender Andrew Dalak
previewed a motion to suppress
to U.S. District Court for the
Southern District of New York
Judge Sidney H.
Stein.
Judge Stein urged
that the actual motion be
filed as soon as possible, and
excluded time under the Speedy
Trial Act until a possible
fact hearing on March
2.
The motion to
suppress Dai's post-arrest
statements, now filed,
recounts that "during the
early morning hours of
September 4, 2019, several FBI
agents arrived at Mr. Dai’s
house in Queens to arrest him.
While in FBI custody, Mr. Dai
repeatedly asked the agents
whether he should speak with a
lawyer. In response, the
agents told Mr. Dai that he
would be able to speak with
his attorney, or have counsel
appointed for him, when he
arrived in Manhattan.
The agents did not, however,
take Mr. Dai to
Manhattan. Instead, the
agents took Mr. Dai to an FBI
office in Kew Gardens, asked
him to sign a Miranda waiver,
and interrogated
him."
A fact hearing is
scheduled for March 2. The
case is US v. Dai, 19-cr-710
(Stein).
***
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