Potential Outcomes of the Attorney Motions

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Table of Contents

Introduction
Statement of Facts
Discussion
Conclusion
References

Introduction

The motion to suppress evidence can be used when the materials used in the case were obtained without permission from their owners or a search/seize warrant. The invoking of this law could be successful in both instances. In Truant’s case, the motion to suppress evidence would be justified by the unlawful searching of his phone, which was done without the presence of an attorney or consent. In the case of Badboy, there is also a high chance the motion will succeed, because the law enforcement agencies have broken into the defendant’s house without a warrant and used the collected evidence in the case.

Statement of Facts

Jason Truant, a student at Sacramento Valley High, is suspected of planning to blow up his school. The man’s ex-girlfriend was tipped off about his behavior and notified the authorities. Truant was pulled over while fleeing the school premises in a car, and his phone was seized. The reason for stopping him was texting while driving a misdemeanor. The man’s right to remain silent was evoked, and the defendant requested an attorney. The police immediately searched the man’s phone without a warrant, breaking the fourth amendment. During the search, messages sent to his classmate, Eric Badboy, were found. The messages contained general descriptions of the two’s non-specific plans which prompted the police to investigate his involvement. Upon searching Badboy’s house, also without a warrant, the officers found a bomb and bomb-making equipment in the basement. Eric was not present at his house during the search, as he was at the gym. Badboy since then has stated that the bomb was for a science project and a joke, made without the intention of blowing up their school. The two men were charged with conspiracy to commit an act of terrorism based on the evidence collected. The suspects have been granted separate trials, and their respective attorneys are trying to use the motion to suppress evidence.

Discussion

The Motion to Suppress evidence is a procedure applicable when the defendant’s constitutional rights were infringed while searching their person or property, making it possible to disregard said evidence from the trial. Utilizing this motion, the defense attorneys can prevent “the use at trial of property illegally seized” (Gloistein). As a result of the officers searching and confiscating Truant’s phone without a warrant, his defense attorney can try to make the court unable to use them (Office of Indigent Defense Services, 2002). The complications may arise from the fact that the officers can attempt to prove probable cause, using the defendant’s flee from the school as the basis for suspicion. Probable cause is used to justify an arrest or search without a warrant and is ultimately determined by the judge. The student’s attempt to flee may be considered as an indirect admission of guilt and a call to action for the authorities. The officers also had the grounds to detain him based on his misdemeanor of texting and driving, even without a warrant.

In regards to Badboy, the situation is also complex. His house was searched based on the information obtained from his conversations with Truant, which prompted the authorities to investigate him. The police received no response from the homeowners and broke in without consent or court permission. Badboy was not present at his house and the authorities may not have had sufficient probable cause to invade his property without his approval. Officer conduct makes the findings illegible for use in court and could be appealed by the defense attorneys.

Conclusion

In conclusion, the defense attorneys in both trials have a significant chance of disregarding the evidence, as a big portion of it was obtained under questionable pretenses. Jason Truant was suspected of planning an act of terrorism and stopped after trying to flee from his high school. No weapons or explosives were found on him but based on his misconduct and suspicious behavior the police looked through his phone, finding several suspicious conversations with the second subject, Eric Badboy. While the police had probable cause for stopping him, their justification was that it was not strong enough to justify searching him or looking at his message history. This means that Truant’s attorney will have the ability to ask for the collected evidence to not be used. Badboy’s situation is even more apparent. The authorities have entered his property without prior notice or consent, based only on the contents of his messages with Truant. The messages did not contain concrete admissions of crime or any photographic proof, only discussing the pair’s plans in general terms, so they cannot be reliably used to enter someone’s home without a warrant. The attorney’s plea would most likely be fulfilled, as the police officers have violated the procedures to collect the evidence.

References

Office of Indigent Defense Services (2002) Chapter 14: Suppression Motions. Web.

Gloistein, R. Procedural Problems of a Motion to Suppress Evidence in a Federal Criminal Case. Web.

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Potential Outcomes of the Attorney Motions

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