IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
UNITED STATES OF AMERICA                ) 
 
 
 
 
 
 
) 
 
 
Plaintiff, 
 
 
) 
 
 
 
 
 
 
) 
CRIMINAL NO. 2008-003 
 
 
v. 
 
 
 
) 
 
 
 
 
 
 
) 
DAMION BELL                                             )  
 
 
 
 
 
 
) 
 
 
Defendant. 
 
 
) 
____________________________________ ) 
 
 
 
ORDER 
 
FINCH, J. 
 
THIS MATTER comes before the Court on the Motion to Exclude Defendant’s 
Suppression Hearing Testimony From Use by the Government at Trial on the Issue of Guilt filed 
by Defendant Damion Bell.  As grounds for this motion, Defendant relies on Simmons v. United 
States, 390 U.S. 377, 393-394 (1968), in which the Supreme Court held that a defendant who 
testifies at a suppression hearing asserting his or her Fourth Amendment claim does not waive 
his or her Fifth Amendment privilege and the statements cannot be used against the defendant on 
the question of guilt.  After careful consideration, it is hereby 
ORDERED that the Motion to Exclude Defendant’s Suppression Hearing Testimony 
From Use by the Government at Trial on the Issue of Guilt is GRANTED.   
 
ENTERED this 15th day of July, 2008. 
 
 
 
 
 
 
 
________________/s/_______________________ 
HONORABLE RAYMOND L. FINCH 
 
U.S. DISTRICT JUDGE 
1 
 
Case: 1:08-cr-00003-RLF-GWC   Document #: 50   Filed: 07/15/08   Page 1 of 1