Is a defendant entitled to have his self-incriminating statement considered before it is admitted into evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wayne, 977 F.2d 594 (9th Cir. 1992):
A defendant is entitled to have the trial judge determine the voluntariness of any self-incriminating statement before it is admitted into evidence. 18 U.S.C. 3501(a) (1988). This right is waived, however, if the defendant fails to raise it. United States v. Valencia, 773 F.2d 1037, 1041-42 n. 6 (9th Cir.1985); United States v. Smith, 638 F.2d 131, 133 (9th Cir.1981); United States v. Yamashita, 527 F.2d 954, 955-56 (9th Cir.1975) (per curiam).
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