Question
Tidings wishes to offer the following testimony from Sergeant Muldoon, of the State U. Police: On October 25 of last year [two weeks after distribution
Tidings wishes to offer the following testimony from Sergeant Muldoon, of the State U. Police:
"On October 25 of last year [two weeks after distribution of the fliers critical of Raoul Tidings], we received an alarm call from the Sports Information office at State U., at 1:10 AM. We then drove to the office, and found Hoggs standing outside it. He said that he had rattled the door to try to get in to obtain a new field hockey media guide. We determined that the door had been jimmied. Further, we determined that jiggling the door knob, or even pounding on the door, would not cause the alarm to sound. I then Mirandized him, and we placed him under arrest.
"When we reached the station, I said to him, 'I suppose you broke into the office in order to get at Tidings' football records.' He stared at me, and didn't say anything for a minute or more. Then he said, 'I want my lawyer, Boris Podolsky, and I'm not answering any more questions.' So I called Podolsky and turned Hoggs over to the jailer."
Is Sergeant Muldoon's statement, "I suppose you broke into the office in order to get at Tidings' football records," admissible under Federal Rule 801(d)?
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