Reference no: EM132800952
Matt Lowlife was a famous talk show host who often flirted with the women who worked in the television studio. One day, Katie Conway, one of the show's producers, came to Matt's office to discuss an upcoming show. As they were discussing the show, Matt walked over to Katie and tried to kiss her. Katie pushed him away, but Matt persisted. He grabbed her butt and tried to kiss her again. Katie screamed, ran out of his office, and immediately called the police. Officers Roberts and Miller arrived within minutes. Katie told them what happened and took them to Matt's office. Roberts knocked on the door and asked Matt if they could talk to him. Matt said, "Sure. Come on in." Roberts told Matt that he was under arrest for second-degree sexual assault (a felony). Roberts searched Matt and removed his wallet and cell phone from his pants pockets. Roberts gave the wallet and phone to Miller and handcuffed Matt. Roberts and Miller escorted Matt to the patrol car and proceeded to drive him to the police station. On the way to the police station, Miller noticed that notifications and text messages kept appearing on Matt's phone. Miller read the text messages as they appeared. She read the following series of messages: "Where are you?" "I heard you were arrested." "I hope they didn't take your phone." "I'll get rid of the porn." Believing that someone was about to remotely erase potential evidence from Matt's phone, Miller immediately started searching through the phone. She found photos that were clear violations of the state's child pornography laws. After viewing the photos, Miller placed the phone in a Faraday bag to prevent it from being remotely erased. When they arrived at the police station, Miller and Roberts took Matt to an interrogation room. Miller read Matt his Miranda rights and asked him to sign a form waiving his right to remain silent and his right to an attorney. Matt refused to sign the form and didn't say anything. Miller and Roberts took turns asking Matt questions about the assault and suggesting that he "come clean" and confess, but Matt remained silent. They also asked him about the photos on his phone. They questioned him for two hours, and throughout that time, Matt said nothing. Miller and Roberts left the room for about 15 minutes. When they returned, they noticed that Matt was sweating profusely and trembling, and his nose was running. Miller asked Matt what was wrong with him, and Matt said, "I'm on painkillers, and I need my drugs!" Miller said, "If you tell us why you had those photos on your phone, I'll get you some painkillers." At that point, Matt said, "I never touched those young girls. I just had the pictures." Matt was charged with second-degree sexual assault and possession of child pornography.
Discuss all legal grounds in support of Matt's motions to suppress the following evidence:
1) The photographs on Matt's phone
2) Matt's statement at the police station
Be sure to include a discussion of the government's response and the court's likely ruling.