Snipped by me--this is exactly it. The defense needs for the model year correction to be after the name was produced from IGG for two reasons. One, to claim that law enforcement is fitting the evidence to the suspect. They only believed it to be the later model
after they found out BK drove a later model.
Two, recall what the defense wrote in the Motion to Suppress regarding the white Elantra. "...the State must show it would have been discovered anyway...The State cannot make this showing..."
The defense needs to show that the
other evidence would not have led to BK and the car is an essential part of that
other evidence. The defense will likely argue that law enforcement thought it was an earlier model (before IGG) and therefore would never have run BK's plates and looked at his DL photo etc etc. The defense needs to convince the court that without the IGG, BK would never have been a suspect in order to get the IGG and every warrant that resulted from the IGG thrown out (which they will say is
all the warrants). The argument about the model years is a vital component of proving "The State cannot make this showing."
JMO