Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona BILL C. SOLOMON Special Assistant U.S. Attorney Arizona State Bar No. 020012 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff v. Teddy Lee Lowe, Defendant. G0VERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO SUPPRESS DEFENDANT'S STATEMENTS CR 04-487-PHX-ROS

The United States of America, through undersigned counsel, hereby responds in

16 opposition to Defendant's Motion to Suppress Defendant's Statements. Because defendant's 17 statements were legally obtained following a valid arrest and advisement of rights, the 18 government requests this Court deny defendant's motion. The government's response is 19 supported by the attached Memorandum of Points and Authorities. 20 21 22 23 24 25 26 27 28
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Respectfully submitted this 4th day of September, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/Bill C. Solomon BILL C. SOLOMON Special Assistant U.S. Attorney

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MEMORANDUM OF POINTS AND AUTHORITIES The United States incorporates herein the facts already set forth in its responses to

3 defendant's motion's to suppress evidence. As previously set forth in those responses, law 4 enforcement officials detained defendant based upon reasonable grounds to believe criminal 5 activity may have been afoot. Defendant was arrested only after officials possessed probable 6 cause to believe he had been involved in the straw purchase of a firearm and was a felon in 7 possession of firearms. Defendant was advised of his rights before questioning, and agreed 8 to waive those rights to answer questions. As such, his statements were, in all respects, 9 lawfully obtained. For these reasons, the United States requests this Court deny defendant's 10 motion to suppress his statements. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted this 4th day of September, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/Bill C. Solomon BILL C. SOLOMON Special Assistant U.S. Attorney

Case 2:04-cr-00487-ROS

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Michael J. Bresnehan

CERTIFICATE OF SERVICE
I hereby certify that on September 4, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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Case 2:04-cr-00487-ROS

Document 121

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