Free Letter - District Court of Delaware - Delaware

Case 1 :08-cr-00037-JJF Document 28 Filed 08/1 1/2008 Page 1 of 1
U.S. Department of Justice
S
United States Attorney ’s- Ojjice -
. District ofDeloware
_ Nemours Building
1007N Orange Street, Suite 700 (302) 573-6277
no. sat 2046 rar (302) srrszzrr
Wilmington, Delaware l9899·2046 ’
August ll, 2008
'VIA ELECTRONIC FILING
The Honorable Joseph . Farnan, J r.
‘ United States District Judge ‘
District of Delaware
U-S. Courthouse
844 King Street A
Wilmington, DE i980l ·
Re: United States v. Ira Bland
Criminal Action N0. 08-37-JJF
l Dear Judge Farnan: l
The Court has scheduled a Suppression Hearing in the above-referenced matter for August 13 ,
2008 at 3 :30 p.m. This letter is to inform the Court that the Government intends to call one witness,
Patrolman Guy DeBonaventura ofthe Wilmington Police Department. The Government also pians
to present a short audio recording of the of the 9-1 -1 call that led to the defendanfs arrest, as well
as a recording ofthe radio communications between the 9-l -1 dispatcher and the responding officers.
After reviewing the defendant’ s Motion to Suppress and after conferring with defense counsel,
the Government believes that the defense will raise two issues at the Suppression Hearing: (1)
whether the defendant was seized for Fourth Amendment purposes when, after receiving consent to
search the defendanfs vehicle, Patrolman Del-Bonaventura requested that the defendant exit his
vehicle and place his hands on the hood; and (2) if the Court finds that a seizure occurred, whether ‘
the 9-1-1 call, coupled with the 9-1-1 cornplainant’s in-person identification ofthe defendant as a
shooting suspect, provided the reasonable suspicion necessary to justify that seizure.
Respectfully submitted,
_ COLM F. CONNOLLY f in
- Unit·ed States Attorney
r BY; ( *
Jo C. Snyder
A istant United States Attorney
cc; Christopher S. Koyste, Esq. l ‘

Case 1:08-cr-00037-JJF

Document 28

Filed 08/11/2008

Page 1 of 1