Free Motion to Suppress Evidence - District Court of Delaware - Delaware

Case 1:04-mj-00100-MPT Document 8 Filed O3/O1/2005 Page 1 0f4
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
DELAWARE
UNITED STATES OF AMERICA ;
V. : C.A. NO.: O4—lOO-M
LARRY PACKARD ;
NOTICE OF MOTION
TO: Captain Rivera—Miranda
436 AW/JA 200 Eagle Way
Dover Air Force Base
Dover, Delaware 19902
PLEASE TAKE NOTICE that the attached Motion to Suppress
will be presented to the Court at its earliest Convenience.
LAW OFFICE OF
EDWARD C. GILL, F.A.
(
Edward C. Gill, Esquire
Attorney for Defendant
f» F.O. Box 824
{_ ¢}%7) Georgetown, DE 19947
Wl 554-5400
DATED: ig
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Case1:O4-mj-00100-MPT D0cument8 Filed O3/O1/2005 Page20f4
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
DELAWARE
UNITED STATES OF AMERICA :
v. : C.A. No.; O4—100—M
LARRY PACKARD :
MOTION TO SUPPRESS
NOW COMES the Defendant, by and through his attorney,
and respectfully represents;
l. That Defendant was stopped, detained, arrested and
searched by an officer of the United States Armed Services on
February 8, 2004.
2. That said stop, detention, arrest, and search were
accomplished without reasonable suspicion nor probable cause
to believe that the Defendant was committing a crime.
3. That said stop, detention, arrest, and search were
accomplished in violation of the Fourth and Fourteenth
Amendments to the United States Constitution and Article 1,
Section 6 of the Constitution of the State of Delaware, and
2l Del; Cgde §701.
4. That Defendant has standing to bring this motion in
that it was he who was stopped, detained, arrested and
searched.
WHEREFORE, Defendant respectfully moves that all fruits
of the illegal and unconstitutional stop, detention, arrest
and search be suppressed from use as evidence by the
Government.
LAW OFFICE OF
EDWARD C. GILL, P.A.
uxe
DATED: I .. Attorney for Defendant
L’ Z I P.O. Box S24
Georgetown, DE 19947
854-5400

Case 1:04-mj-00100-MPT Document 8 Filed O3/O1/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
DELAWARE
UNITED STATES OF AMERICA :
v. : C.A. No.: O4—IOO—M
LARRY PACKARD :
ORDER
After having carefully considered Defendant’s Motion to
Suppress it is hereby ordered that all fruits of the stop,
detention, arrest and search of the Defendant on February 8,
2004 are suppressed from use as evidence by the Government.
Judge
DATED :

Case 1:04-mj-00100-MPT Document 8 Filed O3/O1/2005 Page 4 of 4
AFFIDAVIT OF MAILING
STATE OF DELAWARE :
COUNTY OF SUSSEX :
BE IT` REMEMBERED that on. this 28Ul day‘ of February,
2005, personally appeared before me, the Subscriber, a
Notary Public for the State and County aforesaid, Judy
Maddox, Secretary, and being duly sworn according to law
deposes and. says that she forwarded. a copy" of Motion to
Suppress
To: Captain Rivera—Miranda
436 AW/JA 200 Eagle Way
Dover Air Force Base
Dover, Delaware 19902
by United States Mail with postage prepaid.
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SWORN TO and SUBSCRIBED before me the 28th day of
February, 2005.
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