N.D.Ga.: Email tip to Swiss authorities that defs were coming by plane with cocaine wasn’t enough to make the US agents of Switzerland

“Second, Defendants assert that HSI agents ‘were substantially involved’ in the search and seizure by Swiss officials based solely upon an email that was sent by a HSI special agent to the Swiss police alerting them to the fact that Defendants would be arriving that day at the Zurich airport and might be carrying cocaine. … Although there is some evidence to indicate that Swiss officials never received this email ‘tip’ because it got caught in a spam email box, see HSI Report of Investigation, the tip, even if received, would not constitute American officials becoming ‘substantial participants’ in the search or that the Swiss authorities were ‘acting as agents’ of the HSI.” United States v. Juarez, 2019 U.S. Dist. LEXIS 58504 (N.D. Ga. Apr. 5, 2019).

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