How would you rule of the defendants motions and why

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Reference no: EM131602430

The police were dispatched to a closed used car business around 10:10 p.m. in response to an anonymous call reporting suspicious activity involving two African-American males wearing white hoodies. The uniformed officer saw the defendant wearing a white hoodie and peering from around a white van.

As soon as the officer saw the defendant, the defendant took off running, and the officer chased him and yelled commands to stop. The defendant did not stop, but the officer eventually caught the defendant trying to hide behind a dumpster. The officer had his TASER out and put the defendant on the ground. While restraining the defendant with handcuffs, the officer asked him why he was running. The defendant responded that he was breaking into the business and that he did not want to get caught. The officer conducted a pat-down of the defendant and found a screwdriver and a wrench in his back pockets. The officer then advised the defendant of his Miranda rights while walking the defendant back to his patrol car. Additional officers arrived on the scene, and found a sledgehammer behind the white van where the officer first saw the defendant. Next to the sledgehammer, they also found a large hole in the wall that appeared to lead to the business' office.

The defendant argued several motions to suppress the evidence, including 1) the stop was unconstitutional, and 2) that his Miranda warnings were required before the questioning.

How would you rule of the defendants motions and why (300 w. count)

Reference no: EM131602430

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