Describe in detail the type of evidence that is the gun


Problem

Read the following scenario and use it to answer the questions that follow. Answers should be in paragraph form; more than one paragraph may be needed for each of the questions. Within your writing, cite to the textbook by using the same citing method as you did for the writing assignment -- "Textbook, pg. xxx." Bold your cites. (There is an example of citing in the "IRAC" document from week one).

Joey was parked in a parking lot in the middle of the day for 30 minutes. A police officer thought that was a long time, so he started to search the car. Joey said, "Hey, you can't do that!" And the officer said, "Sit right here and tell me what is in the trunk!" Joey said, "Ok, a gun is in the trunk." The officer seized the gun. At trial for illegal possession of a gun, the prosecution attempted to enter the gun as an exhibit. Joey couldn't afford an attorney, so the court appointed a public defender. At court, he testified that he had "felt detained." The public defender fought to exclude the gun.

I. Which Constitutional amendments are involved in this scenario, and how/why do they come up?
II. Describe in detail the type of evidence that is the gun, and the statement, and how would they be considered by the jury?
III. Describe in detail why the public defender fought to exclude the statement and the gun.

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