Question
1) Beverly is standing on a corner waiting for a walk-signal so she can cross the street. Wil Riker (a petit thief) lurks up behind
1) Beverly is standing on a corner waiting for a walk-signal so she can cross the street. Wil Riker (a petit thief) lurks up behind her and sees that she is carrying a purse with her wallet clearly sticking out. Beverly has her hands full with parcels and packages from a day's shopping downtown. When the light changes giving the walk-signal to Beverly and other pedestrians on the corner, Riker grabs Beverly's purse and tries to run in the opposite direction. When her purse is yanked, Beverly is nearly knocked down. Another pedestrian (Jordy) near where they were standing sees Riker grab the purse. Jordy grabs Riker's shirt and he tears the sleeve off. Riker is able to run away but Jordy chases him several blocks down the street. Jordy is unable to catch Riker. Jordy and Beverly both give statements to the police about what happened. They also both describe Riker's clothes and general appearance, as well as a tattoo they noticed on Riker's shoulder when his shirt was torn. Both Jordy and Beverly describe (in their own way) the tattoo they saw. They say the tattoo is of awhite powder substance mounded together....which looked like the snow-cap on top of a mountain -- triangular in a general shape, white with a black outline. Under the image wasthe phrase "COKE LIFE" under it written in a heavy black script lettering. Hours later the police locate a suspect who matches the general physical description of the purse thief. It is Riker now wearing a different T-shirt. Jordy and Beverly are asked to identify him. They ask if they can see if he has a tattoo on his shoulder, and sure enough Riker has a tattoo on his shoulder of an image of a pile cocaine with the phrase "COKE LIFE" under it. The tattoo also has an image of a razor blade in the pile cocaine that neither Beverly nor Jordy noticed before. (assume Jordy and Beverly did not collude in giving their individual descriptions of Riker to the police).
At trial, the prosecutor intends to call Jordy and Beverly to the stand. The defense attorney files a motion to prevent the prosecutor from talking about the tattoo.
1. What kind of motion is this called and what is its purpose?
2. What do you expect the defense attorney to argue?
3. What will the prosecutor argue?
4. What are the possible rulings the judge can make on the motion?
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