IRAC
It’s a hot quarantine day in Southern California, and Jack determines that this would be a good day to buy a trailer hitch for his new 2021 F-150 Ford Raptor so he can take his boat/trailer to the lake for some fishing. Jack has never owned a truck let alone a boat. So after some online research Jack decides to go over to Glendora Trailer Hitches and Welding (GTHW), a large store and service center business that specializes in welding, fabrication, custom cargo racks and standard/custom ball mounts and hitches. Jill has been working at GTHW for over two years and is a certified welder. Jack tells Jill that he knows nothing about hitches and needs to rely on her expertise for the correct hitch. After giving Jill the weight/size of his new boat, Jill says, “I’m familiar with F-150 Ford Raptors. What you need is a GTHW custom 1.0 heavy-duty 6” drop/rise hitch.” Jill says the special quarantine price for the hitch and installation would cost $400 cash and carries a 5-year warranty parts/labor. Jack tells Jill, “Let’s do it. Here’s $400” and hands Jill the cash. Jill completes the sale and installs the hitch.
The next weekend Jack hooks his boat up to his 2021 F-150 Ford Raptor and heads to Lake Tahoe. On the way to the Lake Tahoe, the hitch is unable to hold the boat, and the boat dislodges from the hitch, forcing the truck to swerve off the road into a ditch. Apparently, the new 2021 F-150 Ford Raptors require a 2.0 heavy-duty 6” drop/rise hitch, not a 1.0 heavy-duty 6” drop/rise hitch. Jill failed to look at the specifications for a new 2021 F-150 Ford Raptor and sold/installed the incorrect hitch. Jack suffers soft tissue damage in his neck and back and although his truck is okay, his new boat has $5,000 in body damage.
Your Honor, in this case, there is no need for the court to suppress the admission of the defendant’s statements. The defendant was stopped because the officer assumed the probability she was driving under the influence. The defendant falsely believed that the police officers could not question her without first providing her, her Miranda rights. She was suspected of drunk driving, which the officer deemed her a possibility that she could be a danger to public safety. Also, the fact that a person was not properly Mirandized does not necessarily result in the suppression of evidence obtained based on statement made to police. Upon, being stopped the defendant was searched and questioned. The statements also should not be suppressed because the officers just inquired about the items they found on her body and she willingly gave reasoning for why she had possession of them. If you suppress her statements, she will still have to answer in court as to how she got them, who Judy O’Heary was to her, and why would she need 350 pills, as well as other questions. So, either way, we sill still get the same answers that she gave the officers.
Let’s take a look at Vignera v. New York compared to this case. Vignera was taken to multiple police stations. Confessing at the second and being detained at the third. This can be mentally draining on any person. Let’s take a look at Westover v. United States
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