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

Case 1:08-cr-00086-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. COURTNEY MURRAY, Defendant. : : : : :Cr. Action No. 08-87-JJF : : : :

MOTION TO SUPPRESS EVIDENCE COMES NOW the Defendant, COURTNEY MURRAY, by and through counsel, and respectfully requests that this Honorable Court, pursuant to Federal Rules of Criminal Procedure 12(b)(3) and 41(f), suppress all evidence taken from the person of the Defendant, by police or Government agents, and all oral or written statements made by the Defendant; said seizure of evidence and the obtaining of oral and written statements from the Defendant being

unreasonable, illegal, void and without probable cause. Specifically, all items allegedly seized from , at or near the Defendant in the area of the 1900 block of West 5th Street, Wilmington, Delaware on or about May 1, 2008, said items having been seized without probable cause and in violation of Defendant's Fourth Amendment rights. Defendant submits that the initial stop

of the Defendant was conducted without reasonable suspicion or probable cause in violation of Defendant's right to be free from unlawful searches and seizures. Terry v. Ohio, 392 U.S.1 (1968).

In this case, the police, responding to a citizen's complaint

Case 1:08-cr-00086-JJF

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of suspicious persons, approached the Defendant who was walking down the street in broad daylight in the vicinity of two other individuals. Defendant allegedly refused to comply with the (See affidavit of

officer's request to stop and was "tazed." Probable Cause).

A person approached by a police officer may not

be detained even momentarily without reasonable, objective grounds for doing so, and his refusal to listen or answer does not, without more, furnish those grounds. United States v. Mendenhall, 446 U.S. 544, 556 (1980). 32-33. Indeed, he may go about his business. Terry @

See also, Florida v. Royer, 460 U.S. 491, 498 (1983).

WHEREFORE, the Defendant, COURTNEY MURRAY, moves to suppress all evidence seized from the Defendant and/or his premises, and all oral and written statements made by the Defendant.

/s/ Raymond M. Radulski, Esquire RAYMOND M. RADULSKI, ESQUIRE #332 1225 N. King Street, #301 Wilmington, DE 19801 (302) 658-9388 Attorney for Defendant, COURTNEY MURRAY Dated: July 2, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. COURTNEY MURRAY, Defendant. ORDER The Defendant, COURTNEY MURRAY'S Motion To Suppress Evidence having been heard and considered, ORDERED this _____ day of ______________, 2008, A.D., that all items of evidence seized from the Defendant and all oral and written statements made by Defendant are suppressed. : : : : :Cr. Action No. 08-87-JJF : : : :

_______________________________ J.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. COURTNEY MURRAY, Defendant. : : : : : Cr. Action No. 08-87-JJF : : : :

CERTIFICATE OF SERVICE I hereby certify that on the date listed below, I

electronically filed Defendant COURTNEY MURRAY's Motion To Suppress Evidence with the Clerk of Court using CM/ECF which will send notification of such filing to the following: AUSA Geoffrey

Grivner, 1007 Orange Street, 7th Floor, Wilmington, Delaware.

/S/ Raymond M. Radulski RAYMOND M. RADULSKI, ESQUIRE ID #332 Legal Arts Building, Suite 301 1225 North King Street Wilmington, DE 19801 (302) 658-9388 [email protected] Attorney for Defendant COURTNEY MURRAY

Dated: July 2, 2008