Last week, the Second Circuit reversed a decision suppressing a defendant’s incriminating, videotaped statements to a DEA agent in a case involving Fentanyl distribution resulting in death. See United States v. Haak, No. 16-3876 (Raggi, Hall, Carney) (appeal from WDNY), opinion available here. The substance of the decision is fact-specific and favors the government. Interestingly, however, the Court’s approach to reviewing the videotaped interview could be advantageous to defendants in future cases.
Of course, when assessing whether a defendant’s statements to a law enforcement agent were voluntary, appellate courts typically defer to the district court’s assessment of the agent’s demeanor. Here, the panel accorded no such deference. Instead, without citing legal authority for the proposition, the panel categorically asserted that: “Because the . . . interview was video-recorded, this case presents no disputes of fact as to the actions taken, words spoken, or demeanor.” Slip op. …