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Criminal Law: Warrantless Arrest – Plea Agreement – Rule 410 Waiver
Staff Report//February 16, 2009
Where officers saw defendant run from an apartment and a neighbor told the officers that the defendant had dropped a bag in the area, which was revealed to contain drugs, the officers had probable cause to make a warrantless arrest of the defendant, and the defendant’s waiver of his rights under Rule 410 was knowing and voluntary despite counsel’s incorrect advice regarding the length of sentence, so the district court properly denied the motion in limine to exclude statements that he made in his previously withdrawn plea agreement.
Judgment is affirmed.
U.S. v. Quiroga (MLW No. 58621/Case No. 07-3093 – 12 pages) (U.S. Court of Appeals, Eighth Circuit, Colloton, J.) Appealed from U.S. District Court, Northern District of Iowa, Bennett, J. (Chad Douglas Primmer, Council Bluffs, Iowa, argued for appellant) (Charles J. Williams, Cedar Rapids, Iowa, argued for appellee).
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