U.S. v. Emmanuel, 565 F.3d 1324 (11th Cir. April 21, 2009)
The defendant, a Bahamian citizen, was arrested in 2006 and charged with conspiring to import cocaine into the U.S.; attempting to import cocaine into the U.S.; possessing with intent to distribute cocaine while on board a vessel of the U.S.; and two counts of importing cocaine into the U.S. The court determined that the “shock he conscience” standard was meant to protect against conduct that violates fundamental international norms of decency. As a Bahamian citizen, the defendant was not entitled to protections under the Fourth Amendment as he had no previous significant voluntary connection with the U.S.
The District Court did not abuse its discretion in failing to declare a mistrial or giving a curative instruction.
A government witness stated that he knew the defendant from signing in as a condition of his bail. The defendant argues that this statement prejudiced his rights. The court held that, in light of the substantial evidence against the defendant, it is unlikely that, but for the reference to his condition of bail, the outcome of the trial would have been different.
