U.S. v. Stadfeld

In prosecution on federal drug conspiracy charge, Dist. Ct. did not err in denying defendant's motion to suppress as involuntary his inculpatory statements given to state prosecutor in exchange for oral non-prosecution agreement as to any state charges, even though defendant asserted that he only gave statements in reliance on bad legal advice from his counsel, who stated that instant immunity would also apply to any federal prosecution. Proof of coercive police activity is necessary predicate to finding of involuntary confession, and neither state prosecutor nor police investigators made any threats or false promises of leniency to obtain defendant's statements. Moreover, defendant failed to establish any ineffective assistance of counsel claim since: (1) said claim is viable only after right to counsel has attached; and (2) prior to attachment of any right to counsel, defendant had agreed to talk to police long before any initiation of adversary judicial proceedings had occurred.