Evidence-Wellborn SU2006 Outline

only the da or the deputys assistance has the

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Unformatted text preview: it is to the atty or prosecuting authority. Law enforcement as a rule does not have the authority to make a deal. Were Mr. Greene's statements to a DEA agent made in the course of plea negotiations? Holding: The statements were inadmissible, not made during plea negotiations. o Circuit extends coverage to statements made to a law enforcement agent who has express authority to act for the prosecuting government attorney and perhaps to agents who represent themselves as having the authority to negotiate a plea bargain. o In this case, DEA agent didn't represent as though he had the authority to negotiate a plea bargain, nor was there any actual authority given by the prosecuting gov attorney to the DEA agent to negotiate a plea agreement.. Notes: 410 = criminal analogue to 408 (offers to compromise/compromises) Can't really invoke 410 if all you did was talk to a cop: Cop doesn't have the authority to make a deal really... Only the DA or the deputy's assistance has the authority..unless there has been either an actual or apparent delegation that the cop can make a deal. (If the...
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