Harry has been arrested because of a parole violation warrant, the result of being charged with a
Question:
Harry has been arrested because of a parole violation warrant, the result of being charged with a felony domestic assault in which he busted his girlfriend's lip. Harry hires a private attorney who represented him when he was charged with the felony. The warrant came out after this, and the local police picked him up.
While transporting Harry to jail on the warrant, the officer driving Harry strikes up a conversation with him. The officer, not intending to elicit any information from Harry (he did not even know about the charges), begins to talk about his girlfriend and how frustrating she is to him. The officer states "she emotional and is always complaining when he goes out with his best friend." Harry is quiet at first but then begins to nod in agreement with the officer. Harry then adds that he has the same problem with his girlfriend and says "The last time she complained I just lost it. I knew what I was doing but I couldn't take it anymore. I popped her in the mouth to shut her up."
This statement is used to convict Harry in court.
- Should this statement be allowed in court as evidence?
- What situation applies here: the deliberately elicit standard or the functional equivalent standard?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts