United States v. Charley B. Haswood

Caution
350 F.3d 1024·2003 WL 22833048·62 Fed. R. Serv. 1478·2003 Cal. Daily Op. Serv. 10282·2003 U.S. App. LEXIS 24181
United States Court of Appeals for the Ninth CircuitDecember 1, 200302-10516California2,350 words

Opinion

Opinion

Callahan, J.

The Government appeals an interlocutory order suppressing statements that Charley B. Haswood made to an FBI agent. The district court suppressed the statements on the ground that the agent coerced Haswood into making them. We disagree with the district court’s conclusion and reverse.

Background

Haswood became the focus of law enforcement sometime in January 2001, when a minor child accused him of sexually abusing her. Because of this accusation, an officer with the Navajo Nation Department of Law Enforcement, Michael Henderson, attempted to contact Haswood by going to his home. While there, Henderson spoke with Haswood’s wife and left his card for Haswood.

Several days later, Haswood contacted Henderson by going to his office in Window Rock, Arizona. Henderson interviewed Haswood for approximately thirty or forty minutes. During that time, Has-wood denied either knowing or molesting the minor. Henderson asked if Haswood would be willing to take a polygraph examination. Haswood agreed to do so, and Henderson contacted the FBI to schedule an examination. Haswood left this interview on his own accord.

More than one month later, on March 7, 2001, Haswood traveled to an…

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