Prepare a memorandum and analyze the legal issues
William Smith was involved in a fatal motor vehicle accident on June 6, 2015, when a vehicle he was operating in a northerly direction failed to stop at a red light. Smith’s vehicle crashed into the car driven by Randall Evans’ vehicle as he was headed east through the intersection on a green light. Evans was killed in the accident, but Smith was uninjured.
Within minutes, State Trooper Peercy arrived at the scene of the accident. After determining whether Evans was dead, Trooper Peercy approached Smith, accompanied Smith to the police cruiser, and questioned him concerning his identity and the facts of the accident. Upon questioning, the Trooper detected the strong odor of alcoholic beverages on or about Mr. Smith. The Trooper then asked Mr. Smith if he had been drinking. Smith then admitted that he had consumed five or six beers within two hours of the accident.
At this point, Trooper Peercy told Mr. Smith that he was under arrest and handcuffed him. The Trooper continued questioning Smith and learned the name of the bar where Smith had been drinking and the names of a number of witnesses to his consumption of alcohol. Only then did Mr. Smith acknowledge, for the first time that he had also taken cocaine at the bar.
With this information, Trooper Peercy transferred custody of Smith to Trooper Allen, the second Trooper to arrive at the scene. Trooper Peercy then used his flashlight to look into the car’s passenger compartment. By illuminating the car’s interior with his flashlight, the Trooper found ten bags of white powdery substance suspected to be cocaine and a handgun.
At this point, Trooper Peercy returned to the police cruiser which contained Smith and informed him of what he had found in the car. Trooper Peercy advised Smith, for the first time, of his Miranda rights. Smith stated that he wanted an attorney and that he did not wish to be questioned. Trooper Peercy then ceased all questioning.
About ten minutes later, but before he had been transported to the police station, Smith was asked by a detective, who had just arrived, and who was unaware of Peercy’s prior questioning, if he wanted to give any statement. The detective repeated the Miranda warning. At this time, Smith gave a full confession and admitted to drunk driving, being a cocaine dealer, being a convicted felon and to the ownership of the gun found in the car.
The State prosecuted Smith for drunk driving, possession of cocaine, murder, and two counts of possession of a handgun by a felon. Prepare a memorandum and analyze the legal issues presented by Mr. Smith’s case.
