06-15-2015, 01:30 PM
Thanks Tiki.
I think all of your points are good ones which will be used against the Clarkes at trial.
I could be wrong, but in considering the motion to suppress, I believe the judge will make the determination based only on whether he is convinced that the search was legal -- by means of a warrant, or consent, or probable cause/exigent circumstances. I don't think the defendant's character or history of lying will be a factor in the pre-trial motion ruling.
Anyway, I think Maytee's motion to suppress will be denied if it turns out that TW or another witness told police that John Clarke took a shot at her. Even if the police claim Maytee gave consent and she denies it, the officers can probably make a strong case for public safety and possible escape being exigent circumstances to search without a warrant.
I think all of your points are good ones which will be used against the Clarkes at trial.
I could be wrong, but in considering the motion to suppress, I believe the judge will make the determination based only on whether he is convinced that the search was legal -- by means of a warrant, or consent, or probable cause/exigent circumstances. I don't think the defendant's character or history of lying will be a factor in the pre-trial motion ruling.
Anyway, I think Maytee's motion to suppress will be denied if it turns out that TW or another witness told police that John Clarke took a shot at her. Even if the police claim Maytee gave consent and she denies it, the officers can probably make a strong case for public safety and possible escape being exigent circumstances to search without a warrant.