Question: While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults

While shoplifting five laptops from an electronics store in the mall, the actors Jack and Diane are confronted by the store manager. Jack brutally assaults the store manager as Diane looks on. They leave the manager unconscious on the floor of the store. Passing shoppers alert mall security officers who chase the two into the mall parking lot. Police are notified and arrive as Jack and Diane flee the scene in a small red pickup truck and stop the vehicle. Mall security provides physical and clothing description of the two suspects and the pickup truck.
Police pursue the pickup through several residential streets. During the pursuit several items appearing to laptops are thrown from the passenger window of the truck. The locations are reported via radio for other units to collect the evidence.
The fleeing pickup blows several red lights causing minor accidents. The pursuing police units temporarily lose sight of the pickup. Within minutes the pickup is found in an alleyway crashed into a retaining wall behind 427 Oak Street. The pickup is unoccupied with the keys still in the ignition. The license plates on the vehicle are stolen. Found in the pickup is one laptop, a blood covered sleeve of a shirt. Also found in the pickup is old mail addressed to a Jack Bowers of 123 Elm Street which is approximately 1 mile away.
While patrol searches for the suspects, detectives respond to the Bower residence and find no one home. They speak with the building manager who reports seeing Mr. Bower and his girlfriend drive off earlier in the day. The manager reports that Mr. Bower owns a small red pickup. The detectives notice surveillance cameras on the apartment complex and ask the manager to view and copy the video from that day. Caught on video are Brower and girlfriend apparently changing the license plates on the pickup and leaving in the truck 30 minutes prior to the incident at the mall. The vehicle identification number on the pickup is registered to Jack Bower with different license plates.
Jack and Diane are located by patrol three blocks from the pickup hiding behind two dumpsters.
Jacks shirt is torn and bloody. He has bruises and blood on his hands. Both claim that they were carjacked two hours prior and had been walking toward the police station. The two are arrested.
A search incident to arrest under covers 3 packets of heroin, a hypodermic needle and cell phone in Jack's pockets. A large, aluminum-lined handbag (commonly called a boosting bag) with several boxed cell phones and 2 bags of heroin are found in Dianes possession.
Detectives respond to the hospital where the store manager is being treated for serious injuries, including a skull fracture and damage to his eye socket and jaw. The injuries are photographed and documented.
Detectives also retrieve surveillance video from the store and mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of a controlled dangerous substance, and possession of drug paraphernalia as well as possession of burglary tools.
At trial, the arresting officer testifies that Diane stated the store manager wasn't moving when they left and asked the officer if he died. The defense objects to the introduction of the testimony on the grounds that _____.
a.
the co-conspirator rule does not permit such testimony
b.
Dianes original statement was not an assertive statement
c.
statements made by a party-opponent are not admissible
d.
the accuracy of the officers statement cannot be tested

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