Darkened parking garage, After leaving a bar, a woman

Darkened parking garage

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Reference no: EM133941699

Question

Read: Davis v. Washington, 547 U.S. 813, assume the following facts:

After leaving a bar, a woman enters her car in a darkened parking garage. She is confronted by her ex-husband, against whom she has a domestic no-contact order. She attempts to dial 911 from her cellular telephone but is unable to make a connection.

Amazingly, she can take a photograph with her phone and send an accompanying text message, asking for assistance to a law enforcement friend. The officer and woman exchange text messages about who is assaulting her and where she is located until the ex-husband flees.

The woman is unable to appear at trial and the defendant moves to suppress the "statements" at his trial for felony violation of the no-contact order.

Given the above facts and using the Court's rationale for distinguishing "testimonial" and "non-testimonial" statements, state whether the text message and photograph should be admitted as evidence at trial and why.

Reference no: EM133941699

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