As a Federal Defense Attorney, You Have Been Presented with a Very

question 70

Essay

As a federal defense attorney, you have been presented with a very unique case. A taxi cab driver in Rome, Italy, was ordered by a passenger, a known mafia soldier, toswallow 40 heroin-filled balloons and take them tothe United States. The taxi driver was warned that if he refused, his wife and children would be executed. Thus the taxi driver agreed totransport the drugs. on arriving at customs at the LaGuardia airport in New York, the defendant consented tohave his stomach x-rayed, which led tothe discovery of the contraband and his arrest by U.S. Customs Enforcement officials. During his custodial interrogation by customs agents, the defendant told the court that he was afraid tonotify the police in Rome because he believed them tobe corrupt. After hearing your client's story, what possible defense would you invoke on his behalf? Please fully explain your rationale.

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Definitions:

Executive Agency

A government department or unit under the direct control of the executive branch, responsible for implementing government policy and administration.

Subpoena Duces Tecum

A court order requiring a person to produce documents or records for a legal proceeding.

Fifth Amendment

An amendment to the U.S. Constitution that provides several protections for individuals, including the right against self-incrimination and the right to due process of law.

Fourth Amendment

An amendment to the U.S. Constitution that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.