Sample on AN ORAL ARGUMENT

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Introduction

1.      Your Honour the defendant moves to suppress the evidence so adduced by the U.S, further to which we call for the dismissal of this suit with prejudice.

2.      It is our contention that the evidence was not only a beneficiary of a fruit of the poisoned tree but that the State has no case against against my client in lieu of lack of the fact that the case is hinged on circumstantial evidence.

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Procedural history

1.      The Jury allowed the suppressing of evidence collected based on the 4th Amendment, an action affirmed by the Appellate court, which also cited unreasonableness and lack of intention to assist the injured adult.

2.      I ask two questions for the Honorable Court:

i)        Does the emergency aid exception to the warrant requirement recognized in Mincey v. Arizona 437 U.S. 385 (1978), turn on an officer’s subjective motivation for entering the home?

ii)      Was the gravity of the ‘emergency’ or ‘exigency’ sufficient to justify, under the Fourth Amendment, the officers’ entry into the home to stop the fight?

Argument

1.      The Constitution which we all swore to uphold your Honour puts forth the Fourth Amendment which disallows illegal searches.

2.      The Second Amendment allows the holding of guns by private citizens and unless the police or state has reason to deem otherwise, my client holds the gun in liu of a constitutional civil liberty.

3.      The court has ruled that “…a warrantless intrusion does not violate the Fourth Amendment when ‘the exigencies of the situation’ make the needs of law enforcement so compelling that the warrantless search is objectively reasonable in Mincey V. Arizona 437 US 385, 393-4 (1978),” which was never the case in this matter.

Conclusion

Your Honour I shall not waste any more of your time belaboring on a matter that I’m sure you are wondering why it was brought before this honorable court. Kindly find in favour of my client and the prosecution shall henceforth uphold the constitution and not bring anymore frivolous suits.