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Terms in this set (15)

Case 4.3

Police respond to the scene of an apparent arson incident which involved a vacant commercial office building. The fire was discovered by a passing patrol unit shortly after it had started. The initial officers on scene found all exterior doors locked and entry was forced to check for potential victims. Fire officials report signs and evidence of accelerants near each stairwell. Additionally they find an empty kerosene can outside the structure in the bushes by the property line. A premises history reveals that the property has been vacant for almost a year and has been for sale twice as long. Town records show several denied zoning and building adjustment applications over the past two years. There are numerous property maintenance violations for the property as well.
Detectives following up on the case find property owner Slim Shady uncooperative. He claims he knows nothing about the fire and that he was at home the entire night. Background investigations reveal that Mr. Shady also operates Shady Paint and Flooring Service. He owns a working van with the markings "Shady Paint and Flooring." Detectives also discover that Mr. Shady increased his insurance of the incident property six months prior to the fire.
Detectives run Mr. Shady and his vehicle through shared law enforcement data bases and discover that Mr. Shady was pulled over for speeding two towns away 20 minutes prior to the discovery of the fire. Detectives also retrieve surveillance videos from several gas stations and banks between the fire scene and his home. From these videos and time stamps detectives trace Mr. Shady and his vehicle to and from the crime scene before and immediately after the fire. At trial, what type of information would this be considered?
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, 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, however, 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. Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane 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 and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession. Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented. Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.
The video of Jack and Diane changing the license plates and leaving in the pickup along with the mall video of the two arriving and subsequently fleeing in the same truck would be considered ___________ evidence.
An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining. At trial, the defendant argued that the arrest was unlawful as he never left the store with the bottles of vodka. He claimed he had merely forgotten that he had the bottles and had intended to pay for them. What evidence might be used to infer his intent to steal the vodka?
While shoplifting five laptops from an electronics store in the mall, the actor's 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, 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, however, 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. Jack's shirt is torn and bloody. He has bruises and blood on his hands. Both Jack and Diane 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 and a large, aluminum-lined handbag (commonly known as a boosting bag) with several boxed cell phones and two bags of heroin in Diane's possession. Detectives respond to the hospital where the store manager is being treated for serious injuries to his head and body. It is reported that the manager has a skull fracture, damage to his eye socket, and a broken jaw. The injuries are photographed and documented. Detectives also retrieve surveillance video from the store and from the mall for evidence. The two suspects are charged with robbery, eluding, destruction of evidence, possession of controlled dangerous substance, and possession of drug paraphernalia, and possession of burglary tools.
At trails, the defense objects to the introduction of photographs of the store's manager's injuries supported by the attending doctor's verification of the accuracy of the photographs. What response does the prosecutor have to this objection?