Your honors and may please the court.

Today, We the prosecutors stand here willing to prove that the evidences given
were collected and maintained legally and the Defendant requests to exclude
some evidences to be presented on the trial have lacked of persuasive reasons.
Today's pre-trial hearing is regarding the motion to exclude the evidences from
the defense, the defendant Eltra Parker, was charged under section 881.12 of
the Zultanu criminal code, for possession of the drug with intent to sell. The
defendant, Eltra Parker, has been working part-time as a delivery driver for
PDP, a courier has been under police surveillance for suspected connections the
great drug trade in Zultanu, whilist studying Chemical Engineering. She has
also been in relation with Daine Carrier, who holds one prior conviction for
position of a dangerous drug subsequently for the past two years. It begins on
1st March 2021, at around 10 AM, Senior Officer Strait and Officer Fife set up
a police checkpoint on the corner of Pacific Avenue. Because they had received
reports of drugs being moved along that road, at 11 AM, the officers directed
an older model black BMW for routine check police checkup in compliance
with applicable law. The car was being driven by the defendant Eltra Parker
and a previous drug convict, who was recognized by Officers Strait from a
previous drug related arrest and conviction Officer Strait introduced himself to
them, told them it was a routine police checkup. While checking the driver's
license of Miss Parker, Officer Strait noticed some suspicious items in front of
the car, including an envelope containing cash, rolling papers, clip-seal baggies
and empty envelopes. The defendant appeared quite nervous, she was visiting
and avoiding eye contact He also noticed that defendant's eyes were bloodshot.
When Officer Strait informed defendant that he would need to search
defendant's car, Defendant responded aggressively "Why I have nothing to
hide", Officers Strait then insisted on searching the vehicle and the defendant
complied. However an advocate but vaguely which the officer didn't understand
and as he was not charged with anything at that time, the officer did not clarify
again instantly and moved to the charge. Officer Strait and Officer Momo then
searched the car and found a package that unlike the other packages in the car,
had an address but no name on it. When they opened the package, they found it
contained a self-sealed bag of white powder that drug analysis later confirmed
to be 750 grams of cocaine. They also found large amounts of cash in the trunk.
Then the two officers immediately removed the bag of white powder from the
car. Officer fife leveled it with his initials, date, time and location information,
and transported it to the trunk of the police car. Officer Strait upon confirming
the vehicle belonged to the defendant bought a criminal charge against her for
possession of drugs with intent to sell. At that time officers trade in accordance
with the Zultanu constitution, informed the defendant that she had a right to a
lawyer and a right to remain silent. Despite being informed, your honors,
defendant voluntarily exclaimed "I don't use drugs anymore" and provided
other statements, your honors, the first priest projection witness, Senior Officer
Strait will testify about the incidents before and during the arrest was made,
after arresting Parker and detaining Carrier. The police officers transported
them directly to the police station, Parker was placed in a jail cell and Carrier
was let go. She was then provided an advocate in accordance with law within a
few hours, the defense advocate arrived at the police station, and asked for a
private room. Officer Momo, who was present at the police station at that time,
talked to desk supervisor about providing a private room for Parker, but the
desk supervisor informed him that no private room was available and they
would have to wait for one to be free Officer Momo informed the defendant
and her advocate about it and had given the two options, either wait for a
private room to be available, or meet with your client immediately in jail cell in
the presence of a guard. Defendant and an advocate knowing that a guard
would be present and able to hear their conversation, voluntarily chose to
conduct their meeting in defended cell. During the interview, the defendant said
to her lawyer that she knew there were drugs in the car and that she and Carrier
were going to split the profits from the cell. Your honors, the second
projection, witness Officer Momo shall testify about the statements before this
court. Your honors, the evidence was also brought along with Parker and
Carrier into the police station. Officer Fife who had confiscated and secured the
evidence left immediatel after arriving. Before leaving, he handed over the
evidence to Officer Strait to submit it in the evidence room. around 11 PM,
Officer Strait submitted it to Mr. Abbie Shutro, who is the evidence custodian
at Zaltanu central police station. Your honors, according to section 745.05
clause a1 chain of custody is the ability to give an accurate accounting in a
court of law as to the manner in, which evidence was acquired, maintained,
transported, examined et cetera by whom, when, where, and for what purpose
We will call Abbie to draw in the witness box regarding this matter to testify
that the evidence was handed over to him in a safe and secured condition and
all required information was present on the bag. Abbie Shutro then signed a
receipt followed standard procedures invading the evidence and kept it in the
evidence locker. Later on 1st April, the evidence was transported to the
laboratory for standard testing, on 5th April results came out, where it was
confirmed to be 750 grams of pure cocaine. The evidence was returned to the
station's evidence locker on 10th April. All at that time the individuals, who
handled the evidence completed a chain of custody form that included a clear
description of the evidence, the name of each person initials, dates, times,
locations, and reasons for movement. All in accordance with section 745.05 of
the Zaltanu criminal code, your honors, we the prosecutions agree that there
have been some minor irregularities but despite those technicalities, the chain
of custordy form was properly maintained and it holds gravity to be moved to
main trial for social policy reasons. Your honors, I repeat we the prosecution
will show that the evidences in question today have been collected in lawful
manner and have been well maintained. We will further so that when Miss Eltra
Parker was having a conversation with her lawyer she had no reasonable
expectation that her communication would be private as there was a guard
present with her own consent. Moreover, she herself waived her right to that
privilege, when she gave testimony about the contents of that conversation in
her written statement. We will so despite some irregularities and missing
details in the chain of custody form the evidence, 750 grams of pure cocaine
was handled properly by the arresting officers evidence custidian and
everybody who handled it. To support our claims, we will present two officers
and one official of Zultanu police department as witness today. Your honors,
we understand that today the prosecution has the burden to prove but the
standard of proof is not beyond reasonable doubt, rather that there is a more
than 50 possibility that these evidences were obtained, maintained, and handed
lawfully. So your honors at the end of this trial, you will have to balance
between two things society's interest in prosecuting crimes related to drug
trafficking and the alleged damage did to defend them by the irregularities in
search and seizure following strict protocol and I believe when the trial is over,
you will see that the society's interest trumps the mere hypothetical possibilities
that the defendant's right might have been violated so for the sake of this
hearing, your honors, I request that you balance this to interest and let the
prosecution use this evidence as for the propose of the main trial. That would
be all, your honors
Defendant
I stand before you today to represent my client, Miss Eltra Parker. Regarding a
citizen whose basic civil rights has been violated by police officers of the
Zaltanu police force. We will see how my client was unreasonably stopped for
a search was suspected unlawfully and was tangibly denied of her
constitutional rights. The defense will establish three major things today. First,
how my client was denied of her constitutional rights to an advocate, even
when she acts in plain and clear language. Second, how the officers of the
Zaltanu police force failed to establish a chain of custody directly supporting a
very well established and important doctrine of law, the fruit of poisonous tree
and thus as Prima Facie, failing to establish a case. Third, how there has been
an extreme violation of right to confidentiality of lawyer-client privilege.
Honorable Judges, on March 1st 2020, my client was on a delivery run as a
delivery man for PDP with her partner Dany beside her. However, your honor,
on her way to the third delivery of the day, her day took an unexpected turn,
when Senior Officer Strait, the prosecution's witness, directed her to stop at a
police checkpoint on Pacific Avenue at the crossroad of Astero. Now Officer
Strait asked to check her identification, and then after checking her
identification without stating any reason as to why asked if he could search her
car, to which my client inquired in plain and clear language, "Do I need an
advocate? if so how do I get one now". However, your honor, the officer
proceeded to ignore my client's question, and asked her and Dan to step out of
the car. After she stepped out of her car, Eltra noticed another officer, Officer
Fife joined Officer Strait in the search, leaving Officer Fife to search Eltra's
car, Officer strait then started to interrogate my client to which she did her best
to comply with the questions. She was being asked while being interrogated.
My client as well as Officer Bent noticed Officer Fife move the baggie
containing the alleged white powder along with Eltra's black bag to the trunk of
the police car, where Officer Fife spent at least five minutes to just put his
initials on the alleged evidence. Your honor, then my client and her partner
were taken to the police station, after being charged with drug possession and
intent to sell. At the police station, my client again asked for an advocate on the
repeated request to consult with an advocate. She finally got a chance to speak
with one, but only after having waited several hours. Since she was being
detained, your honor, still my client was not provided with a private room to
talk to her lawyer and was told that there was none available. Your honor, you
are going to hear from Ima Yenta, who is a defense witness, testify the fact that
the officer who was in charge of interview rooms never checked the reservation
logbook, to give a private room for my client to conduct a private conversation
with a lawyer. Later, it was found that there was a private room available, just
after 15 minutes of my clients interview, just after my client's interview began.
The court is going to hear today had they been given the information prior Eltra
and her lawyer would have waited for 15 minutes to just to have the private
conversation. As a result, your honor, my client Eltra who was already afraid
about delivering the packages on time and about losing her job if she did not do
so, had no other choice but to have the conversation in the interview room with
a guard being present for security. The court will hear today, how my client's
legal provision on confidentiality of lawyer-client privilege was violated by the
guard being present there for security,therefore, prior to the collection of the
evidence transport storage and use of evidence has not been done or in
accordance to the procedure the procedure has not been followed, your honor,
right to silence and lawyer-client privilege has been violated. The court, at the
end of this pre-trial, will observe how the officers of Zaltanu police station
violated the laws in handling the evidence. The court will learn today through
the defense witnesses, Miss Eltra Parker, the defendant how her rights were
tangibly denied from officer Bent, the third officer at the alleged crime scene,
how the officers failed to establish clear chain of custody, and through Ima
Yenta, Zaltanu police station office manager, how this stripped my client from
exercising her lawful rights. Your honor, the defense believes that the criminal
justice system of the state of Zaltanu is very protective of the rights of its
citizens, and the defense is hopeful that the citizens of Zaltanu will not be let
down just because of some Officers of Zaltanu police force having gone beyond
the law hence at the end of this pre-trial hearing, the defense respectfully
requests the court to exclude all statements made by my client, Eltra Parker, at
the arrest scene and in her interview with her advocate with a guard being
present. To exclude the white powder seized by the arresting officers and to
exclude the chain of custody of the seized white powder.
EXAMINATION
I will/gonna begin my chief examination of … now
I have no further questions your honor
Now I’ll present my closing argument