Read: Davis v. Washington ( https://advance-lexis-com.ezproxy.liberty.edu/document/index?crid=fcbb9e35-18bb-4f7c-9e5e8f134867f0b6&pdpermalink=e5920aa3-d8ab-4397-a1c4-f290a906a7f4&pdmfid=1516831&pdisurlapi=true)
After leaving a bar, a woman enters her car in a darkened parking garage. She is confronted by her ex-husband, against whom she has a domestic no-contact order. She attempts to dial 911 from her cellular telephone but is unable to make a connection. Amazingly, she can take a photograph with her phone and send an accompanying text message, asking for assistance to a law enforcement friend. The officer and woman exchange text messages about who is assaulting her and where she is located until the ex-husband flees. The woman is unable to appear at trial and the defendant moves to suppress the “statements” at his trial for felony violation of the no-contact order.
Given the above facts and using the Court’s rationale for distinguishing “testimonial” and “non-testimonial” statements, state whether the text message and photograph should be admitted as evidence at trial and why.
According to Deuteronomy 19:15, “One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses” (NIV 1984). In light of that scriipture, elaborate how you would change or not change your answer.
