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In SDNY Dai Seeks To Suppress FBI Interview Because Driven to Kew Gardens Not Manhattan

By Matthew Russell Lee, Patreon
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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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