Fact-Pattern

 

Identify the main legal issues in the fact pattern below and analyze them using the lecture material and cases from class. Please analyze each issue separately. Your essay should be submitted in a Microsoft Word document, double-spaced, 12 point, Times New Roman font, 1 inch margins, 5 pages maximum.
You’ve been hired to represent a defendant in a DUI criminal case. Everything your client tells you is protected by attorney-client privilege. You need to analyze the legal issues in your client’s case, and give him your legal opinion on each issue.
Your client tells you that he caused a car accident because he was driving while intoxicated. He had a lot to drink at a bar, and when he was about a block from his house, he crashed into another car in front of him and caused significant damage. As the police were arriving, your client panicked and ran on foot to his house. The police chased your client, and during the pursuit, entered his house without a warrant. After catching up to your client in his home, your client claims that they tackled him to the ground and punched him multiple times. Your client was placed under arrest and taken to the hospital. At the hospital, he was drifting in and out of consciousness. When he was conscious, your client refused a request by the police to draw blood for a blood alcohol test (BAC). However, when your client became unconscious, the police ordered the nurse to draw the blood anyway without a warrant, and your client had a .24 BAC.
Your client wants to suppress any evidence of intoxication from the car accident, and wants to file a civil lawsuit for money damages against the police officers for excessive force.
Advise your client…

 

 

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