Alinea 34 Hoge Raad 20 september 2005

c. One of the individuals arrested at the scene of the seizure of the cocaine on October 20, 2003, was [betrokkene 2], the brother of [betrokkene 3], a/k/a "[naam 2]," and [betrokkene 1], the defendants. He was arrested while driving a vehicle belonging to [betrokkene 1]. [Betrokkene 2] was carrying a cellular telephone at the time of his arrest. In the telephone book of the cellphone were the telephone numbers of [de opgeëiste persoon], a/k/a "[naam 1]," a/k/a "[naam 3]," [betrokkene 5], a/k/a "[naam 6]," [betrokkene 4], a/k/a "[naam 4]," a/k/a "[naam 5]," and [betrokkene 3], a/k/a "[naam 2]," [betrokkene 1], the defendants. While there were no active intercepts of the defendants at this time, analysis of toll records shows that on the day and evening of the arrest there were numerous calls between [betrokkene 2] and [betrokkene 1], [betrokkene 3], and [betrokkene 4]. In particular, there were a large number of calls between [betrokkene 4] and [betrokkene 2] immediately prior to [betrokkene 2]'s arrest. Minutes after the arrest, there were a series of telephone calls between [betrokkene 1], [betrokkene 3], [betrokkene 4] and [betrokkene 5], presumably during which they discussed the seizure. There was also a long call between [betrokkene 4] and a number in Colombia associated with [de opgeëiste persoon] (he was subsequently intercepted using this Colombian telephone number when he travelled to Colombia). It is believed that [de opgeëiste persoon] was in Colombia at the time of the seizure. After that call, [betrokkene 4] never used that cellular telephone again.

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