Davis v. Washington
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.
Sample Solution
Based on the facts of Davis v. Washington, the text message and photograph sent by the woman should be admissible as evidence at trial. The Supreme Court’s ruling in this case offers guidance for distinguishing between “testimonial” and “non-testimonial” statements, which is pertinent to this situation as text messages can be seen as a form of testimony.
The court determined that non-testimonial statements are those made in an ongoing emergency situation where there is no time or opportunity to reflect upon the information being provided, whereas testimonial statements are those made with an expectation that they will later be used in court proceedings (Davis v. Washington, 2006). Given these criteria, it is clear that the text message and photograph sent by the woman should be considered non-testimonial because she was attempting to contact law enforcement in order to obtain assistance from an ongoing emergency situation. Her actions did not have any indication of them being used as evidence in future court proceedings; rather she acted out of necessity due to her need for help during a dangerous circumstance.
In conclusion, based on what has been stated above and given how it relates back to the Supreme Court’s decision regarding testimonial versus non-testimonial statements, it appears evident that both the text message and photograph sent by the woman should be admitted as evidence at trial. Not only does this provide greater insight into what exactly took place during this incident but also provides tangible proof that corroborates her story about events leading up to when she called for help.
