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

I if Case1:07-cr-00047-SLR Document 20 Filed 07/25/2007 Page10f4 _
j IN THE UNITED STATES DISTRICT COURT
y . FOR THE DISTRICT OF DELAWARE
{ UNITED STATES OF AMERICA, )
i J
y V. ) Cr.A,No. 07-47-SLR
Q }
5 WILFREDO M. PINKSTON, _ )
I` ) _
j Defendant. )
i' MOTION TO SUPPRESS STATEMENT
NOW COMES the defendant, above, by and through counsel, Joe
Hurley, who moves to suppress a post—seizure statement made by
the defendant, in response to questioning of the authorities, on
the basis that:
I. The defendant had been apprehended as a result of a
foot chase and was clearly in the custody of the authorities when
- preliminary questioning began.
2. After the defendant responded to an initial question or
questions, by providing substantive information, the seizing -
authorities then advised him of his Miranda rights.
3. The defendant maintains that from the moment he was
`under the control and direction of the authorities he was
entitled to a rendition of Miranda rights before any questioning
began.
WHEREFORE, the defendant moves to suppress all statements,
H_”*— “K . Eh . . .
i ; 1 hndiu ng po t»Miranda statements as fruit of the poisonous tree,
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JUL 2.5 2007
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` ‘V Case 1 :07-cr-00047-SLR Document 20 Filed 07/25/2007 Page 2 of 4
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Dated: July 23, 2007 L l

W Case 1:07-cr-00047-SLR Document 20 Filed 07/25/2007 Page 3 of 4
/
IN THE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
E )
, V. ) Cr.A.Nc>. 07-47-SLR
)
WILFREDO M. PINKSTON, )
l )
Defendant. )
O R D E R
The defendant's Motion to Suppress Statement having been
heard and considered, ‘
ORDERED this day of , 2007, A.D.,
that the defendant's Motion is granted.
- J.

‘ _ g“ Case 1 :07-cr-00047-SLR Document 20 Filed 07/25/2007 Page 4 of 4
Q IN THE UNITED STATES DISTRICT COURT
i FOR THE DISTRICT OF DELAWARE
S UNITED STATES OF AMERICA, )
j )
V. ) Cr.A.No, 07-47-SLR
2 >
é WILFREDO M. PINKSTON, )
E )
Q Defendant. )
? CERTIFICATE OF SERVICE.
5
a I hereby certify that two copies of the Motion to Suppress
M
yl
é` Statement were hand delivered to the following person on July 24,
`
g` 2007:
S
Martin C. Meltzer, Esquire
U.S. Attorney's Office
-Suite 700
1007 North Orange Street
Wilmington, DE 19801
'/ ,
J Hurley
15 King Str t
ilmington, E 19801
658-8:-BSQ · [
i Dated: July 23, 2007 . I