4th Amendment Seizure in Home Brief in Support of Motion to Suppress Evidence

5460 Words Aug 13th, 2011 22 Pages
In the united stated District Court for the middle district of Pennsylvania
Paternoville Division

United states of america, ) No. 09 CR-1917 ) ) v. ) ) )
BOBBY LANE, ) ) Defendant )
___________________________________ )

Defendant’s trial brief in support of its motion to suppress evidence

Michael K. Cutter Cutter and Associates, P.A. 1000 Anystreet Rd. Jacksonville, FL 32202 (904)-555-555

Attorneys for Defendant Bobby Lane

QUESTION PRESENTED I. Whether the Court would erode the Fourth
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If Defendant Was Exposed To Public, Police Did Not Have Probable Cause Because There Was Not Enough Knowledge Or Reasonably Trustworthy Information Of Facts Leading Into The “Totality Of The Circumstances” To Believe Defendant Was The Jewelry Store Burglar8

C. Defendant Never “Voluntarily” Consented To His Warrantless Seizure, Because He Merely Acquiesced To Police Authority At The Threshold Of His Home Which He Was Induced To By The Police Knock.11

Conclusion14

Certificate of service16

Certificate of Compliance16

Table of Authorities UNITED STATES SUPREME COURT Cases Page Alabama v. White, 496 U.S. 325, 110 S. Ct. 2412 (1990) 8 Brinager v.United States, 338 U.S. 160, 69 S. Ct. 1302 (1949). 8 Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788 (1968).. 12 Florida v. J.L, 529 U.S. 266, 120 S.Ct. 1375 (2000) 8 Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317 (1983). 3 Ornelas v. United States, 517 U.S. 690, 116 S. Ct. 1657 (1996) 9 Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371 (1980) 3,4,5,6,7 Schneckloth v. Bustamonte, 412 U.S. 227, 93 S. Ct. 2041 (1973) 3,11,12 United States v. Santana, 427 U.S. 38, 96 S. Ct. 2406 (1976) 4,5,6,7 Wilson v. Arkansas, 514 U.S. 927, 115 S. Ct. 1914 (1995)………………………….. 5
United States Court of appeals cases Grant v. City of Long

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