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James K. Bond was driving his brand-new Aston-Martin on First Avenue in Pottersville. While waiting at a traffic light, a man in a Prius hit
James K. Bond was driving his brand-new Aston-Martin on First Avenue in Pottersville. While waiting at a traffic light, a man in a Prius hit his rear bumper. James was furious, put his car in park, jumped out of it, and ran to the Prius. At the driver's door, James yanked open the door, pulled the driver out by the collar, punched the driver in the face, then returned to his car and drove off. The driver called police and gave a complete description of James and his car, including the specialized license plate, DOUBL-O7. After visiting with the Prius driver, Officer McMillan obtained a warrant for James's arrest and issued a BOLO (Be On the Lookout) for the car. The next day, Officer Able noticed the Aston Martin with the license plate DOUBL-O7, and saw the driver of this car, who matched the BOLO that had gone out the night before. Officer Able turned on his siren and attempted to pull James over to the side of the road. James saw the officer and increased his speed. A high-speed chase ensued. When James reached his home, he pulled his car into the driveway, exited, and ran into the home, locking the door behind him. Officer Able was right behind him, ran to the door, and kicked it open. When Able didn't see James in the front room, he ran down the main hallway and found James in the kitchen, headed for the back door. Officer Able jumped on James, seized him, and put him under arrest. Able handcuffed James to the kitchen table and called for backup. While Officer Able was waiting for the other policemen to arrive, he walked through the house and looked in all the rooms, including all the closets. He did not open any containers in the rooms. While in James's bedroom, Able saw a silver dish on the nightstand containing white powder. Based upon his time in the narcotics division, Officer Able believed that the white powder was cocaine. Able kept an evidence bag in his pocket, so he took the bag out and put the cocaine inside. Officer Able then transported James to the station. When they arrived, he read James his Miranda rights. James said he wanted to speak with his lawyer before making any statements, so he was left alone. After two hours had passed, James called out and asked Officer Able, "What is going to happen to me when I go to court tomorrow?" Able told him that his lawyer would be in court to advise him, but suggested that it would be beneficial to James to give a statement before then. James agreed and told Able that the cocaine on the nightstand was his. James was taken to court and formally charged with possession of cocaine. In a separate charging document, James was also charged with simple assault of the Prius driver. James invoked his right to counsel in both cases. James's attorney was able to secure James's release on nominal bond. A week later, Officer Able went back to James's house and told him that he wanted to talk to him about the charged offenses and any possible additional offenses that he may face. When James asked what additional charges he was talking about, Officer Able asked him if he would come down to the police station. James agreed. When they arrived at the station, Able read James his complete Miranda warnings and James agreed to answer questions without an attorney present. Able then told James that when he yanked open the door to the Prius during the road rage incident, he had broken the door. (In truth, James did not break the door.) Able also informed James that the driver's jaw was badly broken and he had permanent damage. (Also untrue.) Thus, Officer Able said that the additional charges were likely to be for the destruction of property and malicious disfigurement. Officer Able asked James if he had anything that he wished to say about these new charges. James said, "It's not my fault if the guy had a glass jaw and drove around in a cheap car. That's what he gets for hitting me!" Officer Able then asked, "Were you using any of that cocaine while driving?" James replied that he only used cocaine at home. The prosecution will attempt to introduce at James's trial for possession the cocaine and James's statements about the cocaine. At the separate trial on the road rage incident, the prosecution will attempt to introduce James's statement about the driver's jaw and car. James's attorney files several motions to suppress the evidence and statements.
- Motion to suppress the evidence and statements regarding the cocaine.
- Motion to suppress the statements relevant to the separate trial for assault.
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Motion to Suppress Evidence Cocaine 1 Fourth Amendment Violation Unlawful Entry Argue that Officer Ables entry into Jamess home was unlawful While in ...Get Instant Access to Expert-Tailored Solutions
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