Imagine that you are a defense attorney hired to defend a client who is charged with Reckless Homicide as a result of a traffic crash. As you review the discovery materials provided by the prosecution, you learn the facts upon which the prosecution will rely at trial. Keep in mind that these are the facts as contained in police reports, not necessarily what your client states transpired just prior to the crash. You learn that police state that your client was driving his NEW motor home, along with his wife, headed to a weekend getaway, when a terrible accident occurred with a truck, rendering the motorhome not drivable. The driver of the truck was killed in the crash.However, your client’s motorhome was towed to a secure police evidence lot, as a result. No arrests were made at the time, although the investigation continued after the crash. You learn from the police reports that the motorhome was equipped with cameras which record both the driver of the motorhome while driving and also what the driver’s view would be in a forward direction from the driver’s seat. Police determine that having the images from those cameras would assist in determining whether your client was at fault for the crash which killed the other driver, as well as provide clarity as to how the crash occurred. Police extract both of the cameras from the motorhome, submit them for analysis, and subsequently claim that the images resulting from the analysis of the cameras supported probable cause to arrest your client. He was arrested shortly thereafter for Reckless Homicide of truck’s driver. Police did not obtain a search warrant prior to retrieval of the cameras.As the defense attorney, you must now determine if there is a basis to suppress evidence in this case, specifically, the motorhome’s cameras and mages retrieved from them.In 2-3 , submit answering each of the following questions. You should take care to include an introduction, thesis statement and a conclusion, in APA format. Make sure to incorporate at least 2 credible sources (which can be cases) in your discussion.
What questions do you have for your client after reading the information from the prosecution? (What points do you need clarified or explained?)
Assume that, based upon your client’s answers above, as well as the facts in the reports, you determine that you must file a pretrial motion to suppress evidence as a result of the police officer’s warrantless retrieval of the motorhome’s cameras. What is the legal doctrine upon which you will rely? Fully explain.
Provide a summary of your argument, applying the doctrine that you discussed above, to the facts which you believe will be elicited at the hearing on the motion to suppress. Assume that the police officer will testify consistent with the reports above. This need not be a verbatim reflection of your argument, but should fully encompass what evidence you seek to suppress, the relevant facts which you would like the court to consider, and the legal basis to suppress the evidence.
