question archive Officer Denis approached Mimi at the pizzeria and asked her to see her bookbag

Officer Denis approached Mimi at the pizzeria and asked her to see her bookbag

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Officer Denis approached Mimi at the pizzeria and asked her to see her bookbag. Mimi put her bag down and told the officer that she was just getting her pizza. As Mimi went to grab her pizza two feet away, Officer Denis looked in her bookbag and found a gun. At Mimi's trial, her attorney argues that the gun is not admissible. Under what rules does Mimi's attorney make this argument. Will the gun be admitted into evidence, why or why not?

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Answer:

Mimi's attorney makes this argument on the basis of the gun being not relevant in the case and that Officer Denis had searched Mimi's bag without her permission and in her absence. Thus, the evidence is not relevant and reliable.

The gun will be admitted into evidence after inspecting the fingerprint on the same. If, it contains Mimi's fingerprint, then it ought to be considered as an evidence. If not, then must not be considered as an evidence.

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