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Defendant Dan Timely Filed a Motion to Suppress Evidence at His

Question 43

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Defendant Dan timely filed a motion to suppress evidence at his trial for kidnapping. The trial judge ruled against Dan and allowed the evidence to be admitted into Dan's trial. Dan was ultimately convicted of kidnapping. Dan appeals his conviction based on the admission of the evidence that was the subject of his motion to suppress. What is a possible outcome of Dan's case at the appellate level?


A) If the appellate court sides with Dan, the result is an automatic reversal of the guilty verdict.
B) If the appellate court sides with Dan, the result will be the reversal of the guilty verdict unless the appellate court finds that the trial judge's decision amounted to harmless error.
C) If the prosecution can successfully argue beyond a reasonable doubt that there is no reasonable probability that the evidence at issue influenced the outcome of the trial, Dan's conviction will be affirmed by the appellate court.
D) Both b and c are correct.

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