This question should be answered in IRAC format. Please also include all relevant keywords when discussing each topic.
Deacon was arrested for speeding while driving a rented moving truck on a rural highway late one Friday afternoon. The arresting officer approached the truck and asked Deacon what he was carrying. Deacon told the officer that it was some used furniture Deacon was moving for his brother and that he needed to deliver it to his brother’s house right away. The officer asked Deacon if he would allow the officer to look inside. Deacon agreed and opened up the back door of the truck. When Deacon opened the back door, the officer saw several transparent bales of marijuana. At his criminal trial, Deacon testified that he had no knowledge that there was any marijuana in the truck and that he believed that he was moving furniture for his brother. Deacon’s attorney then sought to introduce a letter written by Deacon’s brother to Deacon which stated “The truck is all loaded with my furniture, please drive it to my house by Saturday.” The prosecution objected.
Is the letter admissible?
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Consider whether the letter written by Deacon’s brother should be considered an out of court statement. Then, consider whether the letter is being offered as evidence for the truth of the matter asserted, or whether the letter demonstrates something else about Deacon or his actions.
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