Reference no: EM133214706
State v. Xavier. Lou owns Lou's Liquors, on the corner of 16th Street and Callowhill Street in Philadelphia. Every night at 7 pm, Lou takes the cash from the day's sales and deposits it at the bank on Spring Garden Street. Xavier had been watching Lou's movements for weeks from a parked car on Callowhill. On this day, Xavier decided to rob Lou of the cash. As Lou left the store to walk to the bank, Xavier walked up to Lou brandishing a handgun while demanding the cash. Lou quickly handed over the money, which was only $100 since it was a slow day. Xavier, disappointed at the small amount, pointed his gun at Lou and told him he was going to go back to the store with him and get more money. While walking back to the store, Lou turned around and grabbed Xavier's gun, which went off accidentally, hitting Lou in the shoulder. Panicked, Xavier ran to his car and drove off. As he drove over a bridge, Xavier tossed the gun out of his window and into the Schuylkill River. The gun was never recovered. A witness at the scene saw what happened and called the police, telling them what happened and describing the getaway car, a yellow sedan with a large blue Villanova University sticker on the rear windshield. The witness hung up before identifying herself.
Police immediately broadcast a BOLO (Be on the Lookout) for the yellow sedan with the Villanova sticker, and the car was quickly found by police. Seven Philadelphia Police Department cars surrounded and stopped the car on I-76. Xavier was ordered out of the car at gunpoint and was frisked by police. When Xavier was frisked, the officer found a bulge on his right hip which upon inspection turned out to be a bag of ecstasy pills. Police then searched the passenger compartment of the car and found $100 in cash in storage compartment in the back seat of the car. Xavier was placed under arrest.
At the station, Xavier was given a Miranda warning and then waived his rights. Xavier was questioned by police for several hours about his involvement in Lou's shooting, but Xavier continually denied he knew anything about it. The officer began to more aggressively question Xavier, stating that he had evidence tying Xavier to the shooting. Xavier then said to the officer, "I want a lawyer, right now." The officer replied that this was Xavier's last chance to come clean about what happened to Lou. Xavier then said, "I don't know what's going on right now. You say I shot Lou? You say you have evidence? Fine, whatever. Lou got popped in the shoulder and it's my fault. I want to speak to a lawyer." The officer stopped questioning Xavier at that point.
As it turned out, Lou survived the gunshot wound to his shoulder. However, when asked to recall what happened, Lou could not recall anything that happened around the time of the incident. He only recalled that he was approached by a man with a gun and then the next thing he remembers is waking up in the hospital.
The police place an informant, Yanni, in Xavier's cell. Yanni engages Xavier in conversation about why he's in jail. Yanni says he's in for trying to rob a liquor store. Xavier tells Yanni that he's also in for robbery, but one that ended up with someone getting accidentally shot. Xavier says if that "dumb old dude hadn't tried to grab my gun, none of this would have happened."
The prosecution intends to introduce Xavier's statements to Yanni in the case against him for aggravated robbery.
What motions might Xavier make relating to the admissibility of the evidence listed below, and what is the likely outcome? Please discuss each in detail.
- The ecstasy pills found in Xavier's pocket.
- The $100 found in the car.
- Xavier's statements to police.
- Xavier's statements to Yanni.