Free Motion to Suppress - District Court of Arizona - Arizona

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 2 1761 East McNair Drive, Suite 101 Tempe, AZ 85283-5002 3 480-345-7032 [email protected] 4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 9 10 11 vs. 12 TEDDY LEE LOWE, 13 14 15 16 17 18 19 arrest on April 15, 2004, all for the reasons set forth in the accompanying memorandum of points and authorities. It is expected that excludable delay under Title 8 U.S.C. §3161(h)(1)(F) may occur COMES NOW the defendant, by and through the undersigned attorney, and hereby moves this Court to suppress all statements made by defendant to the BATF/police after his unlawful Defendant. United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR-04-487-PHX-ROS MOTION TO SUPPRESS DEFENDANT'S STATEMENTS

20 as a result of this motion or from an order based thereon. 21 22 23 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 114 Filed 08/25/2005 Page 1 of 3 s/ Michael J. Bresnehan Attorney for Defendant RESPECTFULLY SUBMITTED this 25th day of August, 2005 by MICHAEL J. BRESNEHAN, P.C.

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MEMORANDUM OF POINTS AND AUTHORITIES The defendant adopts and incorporates herein all of the facts he alleged in his earlier filed motion to suppress and addenda thereto. The defendant adds that within hours of being arrested, and while still in the custody of the Phoenix Police, the BATF and the Phoenix Police interrogated the defendant regarding the events

7 leading up to his arrest. The defendant answered the interrogators' questions. To the extent that 8 the police had no grounds for a Terry stop (Terry v. Ohio, 293 U.S. 1 (1968)), all evidence gathered 9 by the police pursuant to that stop must be suppressed as "fruit of the poisonous tree", including 10 11 12 13 statements made by the defendant to the BATF and/or police during the custodial interrogation of the defendant that followed his arrest. Wong Sun v. U.S., 371 U.S. 471 (1963). To the extent that defendant's arrest was illegal (i.e., not based upon legally obtained

14 information constituting probable cause), his aforementioned statements made to the BATF/police 15 must, likewise, be suppressed as "fruit of the poisonous tree". Wong Sun v. U.S., Id. 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 114 2 Filed 08/25/2005 Page 2 of 3 s/ Michael J. Bresnehan Michael J. Bresnehan Attorney for Defendant As argued in the previous motion to suppress, and addenda thereto, the BATF/police did not have reasonable grounds for a Terry stop, and even if they did, they did not have probable cause (based upon legally obtained evidence) to arrest the defendant. Therefore, all statements made by the defendant to the BATF/police after defendant's illegal stop and arrest should be suppressed. RESPECTFULLY SUBMITTED this 25th day of August, 2005 by MICHAEL J. BRESNEHAN, P.C.

1 Copy of the foregoing delivered This 25th day of August, 2005, to: 2 Bill Solomon, Esq. 3 Assistant U.S. Attorney Two Renaissance Square 4 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 5 Lisa Maxie-Mulllins 6 Arizona Attorney General's Office 1275 West Washington St. 7 Phoenix, AZ 85007-2926 8 Teddy Lee Lowe 9 Defendant 10 By__s/ Michael J. Bresnehan 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 114 3 Filed 08/25/2005 Page 3 of 3