1) At approximately 3:10 a.m. on November 5, 2017, in San José, California, police officers responded to a radio dispatch indicating that a man had hit his girlfriend with with a baseball bat. The woman had called 911 screaming into the phone, “My boyfriend is attacking me with a Louisville Slugger!” Because the girlfriend refuses to testify. At trial, the prosecution attempts to admit the 911 statement into evidence over the objections of the defense attorney.
Does the 911 statement constitute hearsay? Is there an exception to the hearsay rule? If the trial judge declares the statement NOT hearsay, what will the defense ague? What will the prosecution argue? (hint: Crawford) How should the judge decide?
2) Fast” Eddie Jones is cruising down the highway in his tricked-out Honda when he is pulled over by a police officer. The officer runs the plates and discovers an outstanding warrant for Eddie’s arrest. The policeman immediately detains Eddie and conducts a search incident to arrest and finds a small amount of meth-amphetamine on Eddie’s person.
The database used by the policeman was out-of-date and needed to be updated. Had it been updated, the database would have NOT shown any outstanding warrants for Eddie.
Eddie’s lawyers file a motion to suppress the drugs found by the policeman. What will they argue? How will the prosecution likely respond? If you were the judge, how would you decide?
3) When Khloe Kardashian was married to Lamar Odom, she witnessed a telephone conversation between Lamar and a well known prostitute. She overheard Lamar make several incriminating statements concerning his “professional” relationship with the prostitute and the protestation ring she was involved. Khloe divorced Lamar shortly thereafter. Police, relying on information received from an unrelated witness, lawfully raided a popular Beverly Hills hotel and legally arrested several call-girls and several of their clients, including Lamar Odom.
Prosecutors attempt to introduce the incriminating statements (communications) made by Lamar. Should the incriminating statements be allowed? Khloe is ready and willing to testify against Lamar. Pursuant to the California Spousal Privilege Statutes, should the judge allow it?
