Eric Cyrus Henderso Madera California 93637 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MADERA THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. Eric Cyrus Henderson, Defendant ) ) ) ) ) ) ) ) ) ) Case No.: Defense Memorandum in Support of Motion to Suppress Evidence Under Pen C §1538.5 TO THE ABOVE-ENTITLED COURT, AND TO THE DISTRICT ATTORNEY OF MADERA COUNTY, STATE OF CALIFORNIA: PLEASE TAKE NOTICE that, at the time of the Penal Code section 1538.5 hearing now set for ______, at ______, defendant, Eric Cyrus Henderson, will move to suppress evidence under Penal Code section 1538.5, seized by the Madera County Sherriff’s Office from 14325 Wood Street Madera California 93638 on March 25th 2010. That search is described in the police report attached as Exhibit A. The evidence that defendant seeks to suppress includes, but is not limited to, the following indicated items: All physical (and intangible) evidence seized or obtained as a result of this search will be challenged based on search and seizure violations that occurred during: [Check relevant items] Defendant’s detention. The search, Investigative stop, or frisk of defendant’s person. Defendant’s arrest. The physical (and intangible) evidence seized or obtained from this search occurred at the following place(s), including: The residence, building, structure, or premises entered or invaded by the police in this cause, and on Crone Street. ___ The box(es), package(s), or other containers opened or invaded by the police in this cause. ___ The vehicle(s) entered or invaded by the police in this cause. This motion challenges all physical (and intangible) evidence seized or obtained as a result of the deprivation of the liberty or right to privacy of the following persons: _ _[List person or persons.]_ _ This motion challenges the following physical (and intangible) evidence allegedly recovered as a result of the alleged violation: _ _[List particular evidence recovered.]_ _ This motion also challenges all other evidence seized as a result of the alleged violation. _ _[Check if local rules permit.]_ _ The complained of search and seizure violates defendant’s Fourth Amendment rights under the United States Constitution. More specifically, this motion is based on violation of defendant’s reasonable expectation of privacy, as guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and on the following particular grounds: [Check relevant items] ___ The defendant was unlawfully _ _[detained/frisked]_ _ because the circumstances did not give to a reasonable suspicion that the defendant was _ _[armed/engaged in criminal activity]_ _. ___ The _ _[search/seizure/arrest]_ _ was without a warrant, and lacked probable cause. ___ The police action was without warrant and relied on hearsay information from other police sources; the defense therefore requests that said sources be produced in court (People v Harvey (1958) 156 CA2d 516, 319 P2d 689; People v Madden (1970) 2 C3d 1017, 88 CR 171). ___ The arrest was in defendant’s place of residence without a warrant and there was no showing of exigent circumstances. ___ The search or seizure was beyond the scope of consent and/or after consent was revoked. _ _[Add any other relevant grounds]_ _ This motion will be based on the following evidence: [Check relevant items] ___ Evidence to be presented at the hearing on this motion. ___ Supporting affidavits (attached to this motion). ___ Supporting declarations (attached to this motion). ___ Transcript of preliminary hearing _ _[in court file; the defendant hereby requests that the court take judicial notice of the contents of this transcript]_ _. ___ Supporting memorandum (attached to this motion). ___ Supplemental supporting memorandum, to be filed after the hearing on this motion. Date: _ _ _ _ _ _ Respectfully submitted, __[Signature of attorney]__ _ _[Typed name]_ _ _ _[Title if in public defender office]_ _ Attorney for _ _[name of defendant]_ _ [The supporting memorandum should start on a new page. Caption is unnecessary if attached to papers with caption and first page caption includes all parts of motion. See §1.9; California Criminal Law Procedure and Practice §18.5 (Cal CEB Annual).] SUPPORTING MEMORANDUM The police actions on the date listed in the Notice of this Motion and/or any attached exhibits were accomplished without the aid of a warrant to search or arrest the defendant. For this reason, they are presumptively unreliable and must be justified by the prosecution. People v Johnson (2006) 38 C4th 717, 723, 42 CR3d 887; People v Williams (1999) 20 C4th 119, 136, 83 CR2d 275. The defense contends that the actions of the police officers in this case were unreasonable and no exception to the warrant requirement applies. Further, the defendant contends that all of the evidence alleged to have been seized, as enumerated in the Notice of this Motion, represents the fruits of this unlawful seizure and must therefore be suppressed. The defense submits the following additional authorities in support of these arguments: Fourth Amendment, United States Constitution. Penal Code section 1538.5. Payton v New York (1980) 445 US 573, 576, 63 L Ed 2d 639, 645, 100 S Ct 1371 (absent exigent circumstances, warrantless searches and seizures of persons in their homes to make routine felony arrests are prohibited). U.S. v Watson (1976) 423 US 411, 417, 46 L Ed 2d 598, 606, 96 S Ct 820 (officer must possess reasonable belief that there was reasonable cause for warrantless arrest). U.S. v Place (1983) 462 US 696, 700, 77 L Ed 2d 110, 116, 103 S Ct 2637 (absent exigent circumstances, seizure of personal property is per se unreasonable in absence of judicial warrant from neutral magistrate based on probable cause and describing items with particularity). Defendant requests leave to file an additional supporting memorandum after the hearing on the motion, because evidence may be adduced at the hearing that will require further briefing by the parties. Date: _ _ _ _ _ _ Respectfully submitted, __[Signature of attorney]__ _ _[Typed name]_ _ _ _[Title if in public defender office]_ _ Attorney for _ _[name of defendant]_ _
Posted on: Mon, 19 Aug 2013 08:13:18 +0000
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