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

· I Case 1:07-cr—00121-JJF Document 10 Filed 11/29/2007 Page 1 of 4 ‘-
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IN THE UNITED STATES DISTRICT. COURT
FOR THE DISTRICT OF DELAWARE \ O
UNITED STATES OF AMERICA ) B
V. 5 Cr.A. ho. 07-121-JJE I
DOUGLAS L. RUNK, I g
’ · SEALED I
Defendant. ) N” . · W
U MOTION TO SUPPRESS EVIDENQE
COMES NOW the defendant, above, by and through counsel, Joe i
Hurley, who moves to suppress evidence in this case, and in
support of such application represents: ~ l
I l 1. The defendant contests his initial seizure in i
challenging whether or not there was reasonable suspicion to `
seize him. On August 3, 2007, the defendant was operating his
motor vehicle in what he contends was a lawful fashion when
another vehicle, in an adjoining lane, suddenly moved over into
the path of the defendant. The defendant applied his_brakes to
navoid impact. At that time, the defendant observed that a Delmar
municipality police car had activated emergency lights. That car
had been dispatched by drug agents with instructions to observe
the defendant in the hope that he violated a motor vehicle law
which would, in turn, justify his seizure. Upon information and
belief,_the Delmar policeman will say that he stopped the
defendant because the defendant was following another vehicle too
closely and that the defendant’s vehicle had crossed over a line

~ * 1 Case 1:07-cr—00121-JJF Document 10 Filed -1 1/29/2007 Page 2 of 4 -
demarcating lanes of travel. The defendant will indicate any
action he took was in response to emergency conditions created by
a third vehicle.
WHEREFORE, the defendant moves to suppress all evidence
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that was developed as fruit of the poisonous tree of his unlawful
seizure. T
1
. I fg
l
. rlgy
_ /d2 King Stree
//’ lmington, DE 19801
1 I//l _ l
·’ .
Dated: November 27, 2007 /// l `
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-_ Case 1:07-cr—00121-JJF Document 10 Filed 11/29/2007 Page 3 of 4
` IN THE UNITED STATES DISTRICT.COURT
FOR THE DISTRICT OF DELAWARE E
UNITED STATES OF AMERICA ) U Q
V. ; CI.A. N0. 07-121-JJF E
DOUGLAS L. RUNK, g 4 i
Defendant. g U
0 R D E R
U The defendant’s Motion to Suppress Evidence having been E
heard and considered, U
ORDERED this day of ,i2007, A.D., E
l that the defendant's Motion is granted. l 1
1
é
I

’ I Case 1:07-cr—00121-JJF Document 10 Filed 11/29/2007 Page 4 of 4 I
. ' 1
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE U
7 1
UNITED STATES OF AMERICA )
) i
V. } Cr.A. No. 07-121-JJF i
} ·,
DOUGLAS L. RUNK, ) gg I
) {*3
Defendant. ) 23 :1
CERTIFICATE OF SERVICE OF ig AjY° I
MOTION TO SUPPRESS EVIDENCE AND ORDER E2 `,-‘ {
,:1;; .. _- I;
. I hereby certify that two copies of foregoing Motion to Qfi ‘£`
Suppress Evidence and Order were hand delivered to the following g
. 1 E
- person on November 28,2007: §
Lesley Wolf, Esquire N
U.S. Attorney’s Office 1
Suite 700
1007 Orange Street
Wilmington, DE 19801
“ Joe Hurley .
1215 King Street
. Wilmington, DE 19801
Dated: November 27, 2007

Case 1:07-cr-00121-JJF

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