What arguments may Delia reasonably raise in support

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Reference no: EM133857226

Question

Delia entered a coin shop, pulled out a toy gun that appeared to be a real gun, and pointed it at the owner, Oscar. Oscar handed her a set of valuable Roman coins and she fled. Neither said a word. Subsequently, the police received an anonymous email that stated, "Your coin robber is Delia, and she is trying to sell the stolen coins." Detective Fong followed Delia and saw her using a payphone in a public alley. The payphone was not in a phone booth. As he walked past her, he heard her say softly, "I have a set of 'hot' Roman coins for sale that need to go to a discreet collector. I will call you back at 9:00 p.m. tonight." Detective Fong then bought a "Bird Song Microphone" from a pet store, a parabolic microphone that promised to enable a listener to hear the chirping of birds from a distance of 150 feet. He went to Nell's house, which had a deck that overlooked the alley, and lied to Nell saying that he needed to go on the deck because he was investigating a terrorist plot and "lives are at stake." Nell let him onto the deck at 9:00 p.m. that night. He aimed the microphone at Delia, who was using the same payphone in the alley, and heard her say softly, "Fine, call your buyer and let me know if we have a deal for the hot coins."The next day, Detective Fong put all of the above information into an affidavit for a search warrant for Delia's house, obtained a signed search warrant from a judge, searched Delia's house, and recovered the coins. Delia was arrested and charged with robbery. Prior to trial, Delia filed a motion under the Fourth Amendment to the United States

Constitution seeking to suppress her statements and the coins.

1. What arguments may Delia reasonably raise in support of her suppression motion, what arguments may the prosecution reasonably raise in response, and how should the court rule with regard to

a. Delia's statement, "I have a set of 'hot' Roman coins for sale that need to go to a discreet collector. I will call you back at 9:00 p.m. tonight." Discuss.

b. Delia's statement, "Fine, call your buyer and let me know if we have a deal for the hot coins." Discuss.

c. The Roman coins. Discuss.

2. Is Delia guilty of robbery? Discuss.

Reference no: EM133857226

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