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Criminal procedure — Motion to suppress evidence — Prior bad acts

M.H. consulted in late 2013 with Mark Andrew Matthews (Appellant), a tattoo artist at Damascus Tattoo Company. She wanted a tattoo of a phoenix covering her right hip, spanning to her inner thigh. After agreeing on a specific design, they scheduled an appointment to ink the tattoo, contemplated to be split over two days, beginning on 22 November 2015. M.H. arrived with her boyfriend, Calvin, for the estimated initial four hour session.

Calvin accompanied M.H. into the tattoo room, approximately measuring six feet by eight feet in area, and for which its door and window blinds were open. Matthews and M.H., who had removed her pants, but wore a bikini bottom, agreed to enlarge the stencil template for the tattoo after holding it up to her body for her final approval. Matthews began tattooing as Calvin sat on a chair nearby. The tattoo session took longer than anticipated, so Calvin left for work before the session’s procedure was completed. After he departed, Matthews closed the door and the blinds.

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