Question
Usingt he Federal Rules of Evidence : Officer Smith is driving north on Main street when he sees a car coming in the opposite direction.
Usingt he Federal Rules of Evidence :
Officer Smith is driving north on Main street when he sees a car coming in the opposite direction. Larry is driving south on Main Street toward Officer Smith. The two cars are driving towards each other at a slow speed when the officer notices Larry is not wearing his seatbelt. The officer slows down and makes a U-turn. Officer Smith activates his lights and siren on his patrol car. When Larry sees the patrol car turn around to follow him, he accelerates and is able to lose the officer in a nearby neighborhood. Within a minute the officer is able to locate the now abandoned car. In the car the officer finds in the center console, an identification card with the defendant's picture and name. From the photo on the ID card, Officer Smith recognizes the driver of the car. The ID card is issued by the Department of Corrections and referred to as a "Prisoner's ID". This ID is issuedto prison inmates when they are convicted and sentenced to a period of incarceration in a state prison. Based on the information on the identification card, Officer Smith locates the defendant's house 2 miles away. Officer Smith arrives about an hour after finding the ID card in the car. Officer Smith knocks on the door and Larry answers. The officer arrests him for the offense of "Fleeing and Attempting to Elude a Law Enforcement Officer" and also issues Larry a citation for not wearing his seatbelt.
In the trial on the Fleeing charge, the prosecutor seeks to introduce the ID into evidence as evidence the defendant was driving the car at the time the car fled from Officer Smith. Discuss the admissibility of the ID as it relates to the material we covered so far. (Ignore any possible 4th amendment problems here, since there are none.)
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