United States v. Greene

995 F.2d 793 (8th Cir. 1993)

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Nature of the Case

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Facts

D was indicted for drug-related offenses. D filed motions to suppress statements made to a DEA agent when his house was searched. Agents searched D's house in October 1991, but did not arrest him until April 1992. The prosecuting attorney asked the DEA agent to determine if D would take a plea bargain. D and the agent discussed the plea bargain during the house search. The agent stated he was not making any promises but would inform the prosecuting attorney of the deal and D's willingness to cooperate. By pretrial motion, D sought to suppress certain statements that he made to a DEA agent at the time of the initial search and after his arrest. D argued that those statements were made in the course of plea negotiations and were therefore excludable under Fed. R. Crim. P. 11(e)(6)(D) and Fed. R. Evid. 410(4). The trial court denied the motion to suppress and allowed the statements to be admitted into evidence.