Reference no: EM133710049

Question

A lady walks into a dimly lit parking garage to get into her vehicle after leaving a bar. Her ex-husband, who is the subject of a domestic no-contact order, approaches her. From her mobile phone, she tries to call 911, but the call drops. Incredible as that may seem, she may use her phone to snap a snapshot and then contact her buddy in law enforcement to beg for help. The lady and the police communicate via text message about the assailant and her current location until the ex-husband runs away. At his trial for felony breach of the no-contact order, the defendant seeks to suppress the "statements" made by the lady, who is unable to attend.

Considering the information provided and drawing on the Court's reasoning for differentiating between "testimonial" and "non-testimonial" utterances, please indicate whether the image and text message should be allowed as evidence during the trial and provide an explanation for your decision.

The Bible states in Deuteronomy 19:15 that a single eyewitness cannot be used to condemn an accused person for any crime. The evidence of at least two witnesses is required to prove any given issue (NIV 1984). Give specific examples of how you would or would not modify your response in light of that passage of scripture.