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Question
Case 9.1Police stop Bill Stoner, a known drug dealer, for operating a vehicle with no tail lights, after he is observed pulling away from a parking lot in a high crime area know for drug transactions. Bill appears extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a hollow point bullets in the glove box. She notifies her partner and Sam is immediately removed from the car and frisked for possible weapons. The officer finds a loaded handgun in Bill's waist band and he placed under arrest. As the cover officer is securing the bullets, she notices Bill's cell phone on the front seat buzzing. She opens the phone and views multiple texts from Donny Bosco warning Bill that "The cops are in the area get my bag of weed and coke out of your trunk." The officers secure Bill in the patrol car and search the trunk of Bill's car. In the trunk they find a large black duffle bag containing two pounds of marijuana and two kilograms of cocaine.
Bill is transported back to headquarters and placed in an interrogation room. The arresting officer shows the duffle bag full of drugs to Bill and tells him "you're going away for a long time unless you talk". Bill is questioned about his association with Donny Bosco and his part in the distribution of drugs. Bill completes and signs a Miranda waiver form and then provides a videotaped confession in which he criminally implicates Donny Bosco as the drug distribution leader. In addition to the charges against Bill Stoner, Donny Bosco is indicted on several felony drug tracking charges.
At trial, the defense seeks to have the drugs in the trunk suppressed, claiming that the warrantless search of the defendant's cell phone lead to the search of the trunk and discovery of the drugs. What options would the prosecution have to counter the suppression of the evidence?
a. None as there are exceptions to the fruit of a poisonous tree doctrine.
b. The prosecution could counter the defense's motion with the derivative evidence rule, claiming that the drugs would have ultimately been discovered when police conduct the impound inventory of the defendant's car.
c. The prosecution could counter the defense's motion with the inevitable discovery rule, claiming that the drugs would have ultimately been discovered when police conduct the impound inventory of the defendant's car.
d. The prosecution could counter the defense's motion with the signed Miranda waiver form.
Answer
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