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

Case 1:06-cr-00081-GIVIS Document 18 Filed 11/O3/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
United States of America, :
v.
: Case No.: 06-81-GMS
Robert J. Harris, Jr., : F | |_ E D
Defendant. |_\,S.T_, _ 3
¤l’S·?¤l¥$I§"é%‘gE§’l’t§§E
COMES NOW, the Defendant, Robert J. Harris, Jr., by and through his attomey,
Kevin P. O’Neill, Esq., and respectiiilly moves this Honorable Court to suppress evidence
based on the following;
1. On the moming of his arrest, April 27, 2006, the defendant was sleeping at
his girlii·iend’s residence, when and at which time, the police arrived
pursuant to a search warrant, gained entrance to the residence, awoke the
defendant and immediately placed him in custody. He was not the target of
the warrant.
2. The search warrant affidavit lacked probable cause. The information
contained in the affidavit was otherwise "stale."
3. The police placed the defendant immediately in custody, at and after which
time he gave incriminating statements. All statements made by the

Case 1:06-cr-00081-GIVIS Document 18 Filed 11/O3/2006 Page 2 of 4
defendant at the time of his arrest should be suppressed as he did not
receive Miranda wamings prior to making such statements.
4. At the time of his arrest, the police also lacked probable cause to arrest
him.
5. After his arrest, the defendant also later gave a taped statement containing
incriminating information but did not receive proper Miranda warnings
before giving this statement.
WHEREF ORE, the Defendant respectfully requests that a hearing be scheduled
on this Motion, that testimony be permitted, and that an Order be entered declaring
the defendant’s arrest to be without probable cause, the warrant itself to have been
illegally issued, all statements made by the defendant be suppressed, and that all fruits and
physical evidence seized by the police/DEA be excluded from the trial of this matter.

Kevin P. O’Neill, Esq.
Bar ID#: 2058
1201 North King Street
Wilmington, DE 19801
(302) 622-9500
Attorney for Defendant
DATED: November 3, 2006

Case 1:06-cr-00081-GIVIS Document 18 Filed 11/O3/2006 Page 3 of 4
' 5 UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
United States of America, :
v.
: Case No.: 06-81-GMS
Robert J. Harris, Jr., :
Defendant.
ORDER
IT IS SO ORDERED this day of , 2006, as follows:


Case 1:06-cr-00081-GIVIS Document 18 Filed 11/O3/2006 Page 4 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
United States of America, :
v.
: Case No.: 06-81-GMS
Robert J. Harris, Jr., :
Defendant.
CERTIFICATE OF SERVICE
I, Gerri Spencer, secretary to Kevin P. O’Neill, Esq., hereby certify that on this
3“’ day of November, 2006 I delivered by fax the attached Motion t0 Suppress Evidence
on the following:
U.S. Department of Justice
United States Attorney’s Office
District of Delaware
1007 Orange Street, Suite 700
P.O. Box 2046
Wilmington, DE 19899-2046
Attn: Edmond Falgowski, Assistant United States Attomey
Gerri Spencer M
1201 North King Street
Wilmington, DE 19801
(302) 622-9500