Defense Attorney The Rules Of Admissibility & Evidence Case Study

Having successfully completed law school, you are now a
second-year defense attorney with the state. You have been entrusted
with the task of defending Abby, who has been charged with illegal
farming of marijuana with intent to sell and illegal possession of
firearms. Abby has never been charged with a crime before. The firearms
possession charge is a misdemeanor in your state, and the marijuana
charge is a felony. During the course of review of the case, you have
been provided with the following information:The police report filed by Officer Edward, which contains all the
information regarding the events leading up to the arrest of your
client. The report also includes the observations of Edward’s former
partner (who has since been promoted to detective).A search warrant for the home and subsequent documentation
mentioning that drug paraphernalia and marijuana were found in the front
room of the house. The documentation also mentions that a shotgun was
found, bearing your client’s and her boyfriend’s fingerprints, under the
couch in the same room.A copy of a statement by your client but not signed by her, which
appears to be a confession that she made in the car on the way to the
police station. In the statement, she claimed that she just needed to
sell a little more marijuana to raise an additional $1,500 so she would
have $10,000 to bail her boyfriend, Bobby, out of jail.In addition, twenty marijuana plants were found in the
basement of the house, along with $8,500 in cash and a receipt book
filled with Abby’s handwriting.When you interview your client, she states that she
barely recalls that evening, because she was completely drunk at the
time the police showed up. She tells you that she doesn’t even remember
being in the police car and has no idea that she was told her rights,
because she didn’t sober up until the following morning.She denies any knowledge of the marijuana plants in the
basement of the house but states that the other marijuana on the table
was just there for a party she and Bobby were going to have later that
night. She also tells you that she is about four months pregnant with
Bobby’s child. You have Abby’s trial starting the next morning.Utilizing APA guidelines, citing your sources in text,
and creating a corresponding reference page, cite relevant case law and
specific information from external sources, present a 6- to 8-page
research paper to illustrate how you would defend your client. Please
address the following issues specifically in your paper:Can any of the evidence found in your client’s home be suppressed? If so, why and on what grounds?Can any of the statements uttered by your client at the crime scene
or in the patrol car be used against her? Can any of them be suppressed?
Why?Can the state meet its burden of proof in this case? If not, why
not? What can you argue to defend your client on the basis of the
evidence listed in the case?Can your client’s best interest be served by engaging in trial? Or
would it be better for her in the long run to make a plea. If so, what
might your request be to the prosecuting attorney for a plea deal?Assuming your client is found guilty on felony charges stemming from
the marijuana possession, what argument might you make to the judge and
the jury regarding sentencing? What constitutional amendment supports
your theory and why?The above is a continuation of the following. Your partner, Edward, has known this couple as they have
been in trouble with the law before. He steps in between Abby and Bobby
and begins to gather information from Abby, while you call for an
ambulance.As Edward speaks with the couple, you begin to walk
around the yard, observing what you can. You look in through the front
door, and while there is only one light on in the house, you observe
what appears to be a bong and a baggie of marijuana on the coffee table
in the front room of the house. Because Edward is standing with Abby and
there are two other officers outside with Bobby, you decide to enter
the house to take a closer look.You discover that there is indeed a bong and a baggie of
marijuana on the table. (Assume for this assignment that a bong and
marijuana are illegal contraband in Centervale and your state.) Looking
under the couch next to the coffee table, you discover a shotgun as
well. You begin to wonder what other illegal items might be in the
house, when you hear a yell from outside and run out to discover that
Bobby is being handcuffed and put in a police car. Apparently, Bobby
tried to use a weapon on Abby in front of Edward and the other officers.He is quoted as saying, “Just because the cops are here
doesn’t mean I won’t finish what I started!” as he reached for his
waistband.As Bobby is being driven away, Abby breaks down into
tears and cries out after her boyfriend, “Don’t worry, baby! I’ll come
bail you out as soon as I can turn a little profit with the goods!”You tell your partner what you observed in the house.
After the paramedics declare that Abby’s head injury is nothing more
than a bad scratch, your partner and you drive Abby down to the police
precinct for further questioning, leaving Christina and David at the
scene to secure it until more investigation can be done.

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