United States v. Ojudun, No. 17-2348 (2d Cir. 2019)Annotate this Case
Defendant challenged the district court's revocation of his supervised release, principally arguing that the district court erred in denying his motion to suppress and admitting evidence of postarrest statements. The Second Circuit found no merit in defendant's Fourth Amendment challenges to the stop and search of the vehicle.
However, the court held that evidence of statements by the driver that incriminated defendant without incriminating the driver did not fall within the hearsay exception provided by Rule 804(b)(3) of the Federal Rules of Evidence for statements against the interest of the declarant, and that the district court did not perform the analyses required under Rule 804(b)(3)(B) or under Rule 32.1(b)(2)(C) of the Federal Rules of Criminal Procedure, in order to determine the admissibility of the declarant's other statements. Accordingly, the court vacated the judgment, remanding for further proceedings.