Reference no: EM133317557

Case: On April 5, 2014, at 2:15 p.m., the North Haven Police Department responded to fatal motor vehicle accident, near the intersection of Rt. 17 and New Road. Officer Fitzpatrick arrived at 2:17 p.m., and saw several individuals standing over a victim, James Smith. Smith sustained several serious injuries, and was pronounced dead at the scene by medical personnel.

Several witnesses told Fitzpatrick that Smith was jogging north on Rt. 17, between the curb and white fog line of the road. The witnesses described having seen a blue Ford pickup truck driving south on Rt. 17, in an erratic manner before it crossed the white line and hit Smith. The driver was described as: a white male, approximately 60 years old, with gray colored hair, and gray beard. The witnesses said the driver stopped for a minute; then sped off south on Rt. 17, and then turned right onto New Road. Fitzpatrick used his police radio to broadcast the witnesses' description to officers who responded to the accident.

Officer Jones, who was driving a marked police car, saw an older white male with gray hair and beard walking in the area of 20 New Road. When the male saw Jones, he began running toward the driveway of 24 New Road. Jones also saw a blue Ford Pickup Truck, parked in the roadway approximately ¼ mile away from 24 New Road.

Jones exited his car and ordered the male, later identified as David Brady to stop. Two officers arrived within one minute to assist Jones. Jones approached Brady and asked him if he had been operating the Ford pickup truck that was parked down the road. Brady shrugged his shoulders, and continued walking away from Jones. Jones then grabbed a hold of Brady's arm and prevented him from walking away. After Brady denied being the driver of the Ford involved in the accident, Officer Jones called for a witness to be brought to his location to determine if Brady was the operator of the truck.

Officer Fitzpatrick brought witness, Tom Spina, to the location where Jones had detained Brady. When Fitzpatrick arrived Brady was standing on the side of the road next to Officer Jones and one other uniformed officer. Spina positively identified Brady as the driver of the truck that had earlier hit and killed James Smith.

While Jones was talking to Brady, he noticed Brady was unsteady on his feet, his speech was slurred, and had an odor of alcohol on his breath. Jones requested Brady submit to roadside sobriety tests, and Brady agreed.

When Brady attempted to perform a one legged balance test, he failed to maintain his balance. When he attempted to walk heel to toe as instructed by Jones, Brady stumbled and fell. Brady stood up and said, I guess I'm drunk huh? Jones placed Brady in handcuffs, and placed Brady in the backseat of his cruiser.

Officer Jones and Fitzpatrick then drove approximately ¼ of a mile to the pickup truck, and noted the registration plate was CT #123-ABC, that was registered to Brady. The officers searched the exterior of the car and noticed several pieces of what appeared to be human skin and blood on the left front bumper and hood of the truck. The suspected evidence was photographed, and then packaged for submission to the State Forensic laboratory for analysis. The officers seized 4 empty 16-ounce Budweiser beer cans they observed in the bed of the pickup truck, and entered them into evidence.

Next, the officer seized the following items of evidence from the interior of the truck. Behind the driver's seat one twelve pack of Budweiser beer, that was missing 4 cans. Inside the glove box, one half empty 12-ounce bottle of Captain Morgan Rum; a wallet that contained Brady's CT driver's license and miscellaneous credit cards in his name. A valid registration for the truck was located above the sun visor that listed Brady and his wife as co-owners of the truck. The items seized were entered into evidence to be used during trial.

While the officers waited for a tow truck to arrive, Jones asked Brady for his name, date of birth and address. After providing the information to Jones, Brady stated, I guess I should have never gone to the bar. Jones confronted Brady about the empty beer cans, and rum found in the truck, and Brady responded, Yeah I shoulda waited to drink that stuff at home.

Brady was then transported to the North Haven Police Department, and read his Miranda Rights, and provided with an opportunity to call a lawyer. Brady looked at Officer Jones and replied, Do I really need one? Jones shrugged his shoulders, and told Brady it was up to him. Brady said, Forget it what's next?

Brady then submitted to a Breathalyzer test, as requested by Jones. The results showed Brady's blood-alcohol level was double the legal limit, .16. Jones then charged Brady with: Operating a Motor Vehicle under the Influence of liquor, and Manslaughter with a Motor Vehicle while Intoxicated.

Before placing Brady in the cell, Officer Jones took a signed sworn statement from Brady. In Brady's written statement he included his earlier comment to Jones, Yeah I shoulda waited to drink that stuff at home.

Brady's truck was towed to the North Haven Police Department, and after a search warrant was written and approved by a judge, the vehicle was thoroughly examined and found to be in good condition with no mechanical defects.

After Brady's arrest, his lawyer submitted a motion to suppress all evidence seized, based on 4th, 5th, and 6th Amendment violations by the police. His lawyer complained that the police did not have probable cause to stop his client, and even if there was probable cause for the stop of Brady, the evidence seized was without a warrant and should be suppressed. The lawyer also moved to suppress all of the statements given by Brady during the investigation, claiming 5th and 6th Amendment violations.

Write:

Question 1: Address the admissibility of all evidence that would likely be used to prosecute Brady for causing the death of Smith.

Question 2: Support your analysis by using cases from the text that apply to any 4th, 5th or 6th Amendment issues.