Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:08-cr-00030-JJF

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Filed 06/20/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. MARCUS DRYDEN, Defendant.

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Criminal Action No. 08-30-JJF

DEFENDANT DRYDEN'S MOTION FOR POST-HEARING BRIEFING ORDER AND NOW comes the defendant, Marcus Dryden, by his attorney Luis A. Ortiz of the Federal Public Defender's Office, and files this Motion for Post-Hearing Briefing Order. 1. 2. A suppression hearing in the above-captioned case was conducted on June 3, 2008. At the conclusion of the hearing, the District Court indicated that it would set a

schedule for post-hearing briefing (Tr. 58-59). 3. Defendant has moved to suppress items which were seized from an automobile during

a warrantless police search. 4. When a search is conducted without a warrant, the burden is on the Government to

prove that the police action came within an exception to the Fourth Amendment warrant requirement. United States v. Herrold, 962 F.2d 1131, 1137 (3d Cir. 1992). 5. Because the Government did not file a written reply to Defendant's suppression

motion, the record does not identify the Fourth Amendment exception on which the Government relies.

Case 1:08-cr-00030-JJF

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Filed 06/20/2008

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6.

Until that exception is identified, defense counsel will not be able to address the issue

before this Court, to-wit, whether the Government has met its burden of proving that the warrantless search comes within an exception to the Fourth Amendment warrant requirement. 7. For this reason, Defendant requests that the Government be directed to file the initial

post-hearing brief, and that the Defendant be directed to file a responsive post-hearing brief. WHEREFORE, it is requested that defendant Dryden's Motion for Post-Hearing Briefing Order be GRANTED.

Respectfully submitted,

/s/ Luis A. Ortiz LUIS A. ORTIZ, ESQUIRE Assistant Federal Public Defender One Customs House, Suite 110 704 King Street Wilmington, DE 19801 302-573-6010 [email protected] Attorney for Defendant Marcus Dryden DATED: June 20, 2008

Case 1:08-cr-00030-JJF

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Filed 06/20/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. MARCUS DRYDEN, Defendant.

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Criminal Action No. 08-30-JJF

ORDER OF COURT

AND NOW, this __________ day of ____________________________, 2008, upon consideration of Defendant Dryden's Motion for Post-Hearing Briefing Order, it is hereby ordered that the Motion is GRANTED. The Government shall file a post-hearing brief on or before _______________________________________, and the Defendant shall file a post-hearing brief on or before ________________________________________.

By the Court,

_________________________________ Honorable Joseph J. Farnan, Jr.