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U.S. v. Hasan

Defendant Not in Custody for 'Miranda' Purposes When Questioned by CBP Upon Reentry

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OPINION & ORDER   Abdi Yusuf Hassan has been charged in a superseding indictment with (1) conspiracy to provide material support for acts of terrorism, (2) provision and attempted provision of material support for acts of terrorism, (3) hostage-taking conspiracy, (4) hostage taking, (5) threatening a U.S. national with a weapon of mass destruction, (6) unlawful use of firearms, and (7) firearms conspiracy. Superseding Indictment, ECF No. 37. On August 5, 2019, Hassan brought several motions in limine, including motions to suppress his pre-arrest statements to Customs and Border Protection (CBP) and to suppress the fruits of search warrants for his Facebook and Google email accounts. These two motions are denied, for the reasons described below. BACKGROUND Hassan is charged with participating in a conspiracy, involving co-defendant Mohamed Tahlil Mohamed, by which John Doe, a dual citizen of the U.S. and another country, was held hostage in Somalia for over two years. Hassan was arrested for his alleged participation in this conspiracy on February 5, 2019. Hassan Aff. 10, Ex. D to Def.’s Mem. of Law in Supp. of Mot. to Suppress (“Def.’s Br.”), ECF No. 30. A. Pre-Arrest Statements to CBP Prior to his arrest, Hassan was questioned three times by CBP upon reentry to the United States after traveling to Somalia. Hassan Aff.

3-4. These incidents occurred on January 20, 2015, September 15, 2015, and January 25, 2019. See Exs. A — C to Def.’s Br. Each time, Hassan was “detained by customs officials and questioned about [his] travels abroad and especially in Somalia.” Hassan Aff. 3. He was approached by a customs official while in line for immigration before presenting his passport, and taken to a separate room. Id.

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