United States v. Lawrence Rose

Appellant was convicted on one count of violating 18 U.S.C. § 542 (Count I) and two counts of violating 18 U.S.C. § 1001 (Counts II and III). His prison sentences were suspended, he was placed on probation, and he was fined $5,000, $10,000 and $10,000 on the respective counts.

The issues on appeal are:

(1) whether appellant waived his right to counsel, thus justifying the court’s denial of his motion to suppress in-custody statements;

(2) whether customs officials were required to have given Miranda warnings before questioning appellant at the border;

(3) whether physical evidence seized at the airport should have been suppressed;

(4) whether a single false statement can justify separate convictions under §§ 542 and 1001 respectively; and

(5) whether the false statement upon which Count III is grounded was material.

FACTS:

Appellant was in transit from Germany to the United States when he submitted to a routine U. S. Customs inspection in Vancouver, British Columbia. Appellant’s false statement that he had only two cameras to declare is the basis of the offenses in Counts I and II.

Suspecting Rose’s suitcases had false bottoms, the customs officer asked appellant to take…