Under Rule 801(d)(2)(E), when is a co-conspirator's statement admissible against the other conspirators?

• A. A statement made by a co-conspirator during and in furtherance of the conspiracy, while the conspiracy was in effect.
• B. A statement made by a co-conspirator after the conspiracy ends.
• C. A statement by a co-conspirator about something outside the conspiracy.
• D. A statement by a non-conspirator in the same room.

Answer: (A)

Rule 801(d)(2)(E) allows a statement by a co-conspirator to be admitted against the other conspirators if the statement was made during the course of the conspiracy and in furtherance of the conspiracy. The idea is that when people are working together toward a common criminal objective, their statements made while the plan is active and aimed at advancing that plan are reliable enough to be used as evidence against the others involved. Two essential conditions exist: first, the declarant and the party against whom the statement is offered must be co-conspirators at the time the statement is made; second, the statement must have been made during the conspiracy and in furtherance of it. There also must be independent proof that the conspiracy existed. If the conspiracy has ended, or the statement concerns something outside the conspiracy, or the speaker isn’t a conspirator, the rule doesn’t apply. That’s why this option—stating that the admission is allowed for a co-conspirator’s statement made during and in furtherance of the conspiracy while the conspiracy was in effect—best captures the rule.