Question
You work for a small law firm engaging in criminal defense practice. Your client, John Stamos, has been arrested for having fabulous hair, which happens
You work for a small law firm engaging in criminal defense practice. Your client, John Stamos, has been arrested for having fabulous hair, which happens to be a crime in your jurisdiction. When he was arrested, the local sheriff took a mug shot and saved the photo on a hard drive. The computer later crashed, losing the photo of Mr. Stamos's coif. When the sheriff's staff reviewed security footage, they were unable to see his hair, but did see a hand bearing Mr. Stamos's distinctive Emmy ring waving a powerful magnet near the computer's hard drive.
The question posed to you is whether your attorney, Dave Coulier Esq., should move to exclude testimony of corrupting the hard drive based on Mr. Stamos's Fifth Amendment right to avoid self incrimination. You have found the recent Wyoming Supreme Court case Herrera v. State, 2019 WY 93 (using universal case citation), which seems to be relevant.
Using IRAC, provide a neutral analysis to Mr. Coulier about the question he presented.
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