United States v. Raven

103 F. Supp. 2d 38 (2000)

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United States v. Raven

United States District Court for the District of Massachusetts
103 F. Supp. 2d 38 (2000)

  • Written by Alexander Hager-DeMyer, JD

Facts

Gerard Raven (defendant), a citizen of the Netherlands, was indicted on charges related to illegally importing heroin into the United States from Belgium. Raven was detained in Belgium, and both Belgian and United States authorities prepared to question him. Belgian law did not permit counsel to be present during questioning, leaving Raven without representation. Before questioning Raven without counsel present, United States agents confirmed Belgium’s counsel provision, obtained permission from a Belgian magistrate judge, and received orders from the United States District Court for the District of Massachusetts through a letter rogatory to proceed with questioning. During the interrogation, Raven made incriminating statements to the Belgian and United States authorities. Raven filed a pretrial motion to suppress the statements made while in custody, arguing that his Fifth and Sixth Amendment rights were violated.

Rule of Law

Issue

Holding and Reasoning (Gorton, J.)

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