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


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Case 1 :07-cr-001 Document 17 Filed 10/18/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-126-JJF
JALAL ALIAHMED,
a/l Defendants.
DEFENDANT ALIAHMED’S MOTION TO SUPPRESS
STATEMENTS AND EVIDENCE DERIVED FROM SUCH STATEMENTS
Defendant, Jalal Aliahmed, by and through his counsel, Christopher S. Koyste, hereby moves
the Court, pursuant to Federal Rule of Criminal Procedure l2(b) and the Fourth, Fifth, Sixth, and
Fourteenth Amendments to the United States Constitution, to suppress any and all evidence obtained
as a result of the statements made by Defendant.
In support of this motion Mr. Aliahmed submits th following:
I. FACTUAL SUMMARY.
l. Mr. Aliahmed incorporates the factual summary in his Motion to Supress all Evidence
Obtained as a Result of His Unlawful Seizure.
2. Mr. Aliahmed made statements to law enforcement after he was in the functional
equivelent of custody. S; Stansbury v. California, 5ll U.S. 318, 322 (1994). These statements
could be used by the Government during its case in chief at trial, and thus are incriminating.
II. MOTION TO SUPPRESS STATEMENTS AND ANY EVIDENCE DERIVED
FROM THOSE STATEMENTS.
3. The Defense challenges the admissibility of any statements Mr. liah d ma ave
. F I L E D
OCT l 8 2007
U.S. DISTRI T C URl’
DISTFHCT OF DELAWARE _ __

Case 1:07-cr—0O126-JJF Document 17 Filed 10/18/2007 Page 2 of 3 A
made, asserting that the statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436
(1966), and the Fifth and Sixth Amendments to the United States in that they were not the result of
a knowing, intelligent and voluntary waiver of his right to remain silent and his right to counsel. See
Edwards v. Arizona, 451 U.S. 477, 485 (1981); Michigan v. Mosley, 423 U.S. 96, 100-101 (1975);
, 384 U.S., at 473-474. The United States bears the burden of proof to establish by a
preponderance of the evidence whether Ms. Aliahmed made a knowing, voluntary and intelligent
waiver of his rights. A trial court must make this determination considering the "totality
of the circumstances? Oregon v. Bradshaw, 462 U.S. 1038, 1046 (1983)(quoting Edwards v,
Agagga, 451 U.S. 476, 486 n. 9 (1981)). Mr. Aliahmed objects to any evidence that was later
obtained as a result of his statements based on the fruit of the poisonous tree doctrine. Wong Sun
v. United States, 371 U.S. at 487-488.
WHEREFORE, Mr. Aliahmed requests this Court to hold an evidentiary hearing so as to
allow relevant facts to be developed concerning the issues raised in this motion. Thereafter, Mr.
Aliahmed requests this Court to issue an order suppressing all evidence that was obtained as a result
of his statements.
Respectfully submitted,
/s/ Christopher S. Koyste
_ Christopher S. Koyste, Esquire
800 North King Street, Suite 302
Wilmington, Delaware 19801
(302) 419-6529
Email: [email protected] Attorney for Jalal Aliahmed
DATED: October 17, 2007
2

Case 1:07-cr—0O126-JJF Document 17 Filed 10/18/2007 Page 3 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action N o. 07-126-1.1 F
JALAL ALIAHMED, :
a/l Defendants.
CERTIFICATE OF SERVICE
Unclersigned Counsel certifies that the attached filing of Mr. Aliahmed is available for
public viewing and downloading and was electronically delivered on October 17, 2007 to:
Douglas McCann, Esquire
Assistant United States Attorney
United States Attorney’s Office
1007 Orange Street, Suite 700
Wilmington, Delaware 19801
/s/ Christopher S. Koyste
Christopher S. Koyste, Esquire
800 North King Street, Suite 302
Wilmington, Delaware 19801
(302) 419-6529
Email: cl Attorney for Jalal Aliahmed
DATED; October 17, 2007

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