Free Letter - District Court of Delaware - Delaware

Case 1:07-cr-00042-JJF

Document 18

Filed 08/20/2007

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FEDERAL PUBLIC DEFENDER DISTRICT OF DELAWARE
704 King Street, Suite 110 Wilmington, Delaware 19801
Phone (302) 573-6010 FAX (302) 573-6041 www.fpdde.org

Edson A. Bostic
Federal Public Defender

Eleni Kousoulis Tony A. Ortiz Assistant Federal Public Defenders Tieffa Harper Research & Writing Specialist

August 20, 2007

Honorable Joseph J. Farnan, Jr. United States District Court J. Caleb Boggs Federal Building 844 King Street, Fourth Floor Wilmington, DE 19801 Re: United States v. Thomas L. Davis Criminal Action No. 07-42-JJF Our File No.: 2007-00146

Dear Judge Farnan: This Court held an Evidentiary Hearing on Defendant Davis' Motion to Suppress on August 1, 2007, in the above-referenced matter. Following that hearing, the Court requested that both parties submit letter memorandums outlining their respective positions on the motion. Given the testimony of Officer Burton at the Evidentiary Hearing, and the arguments and case law cited by the government in its Supplemental Memorandum dated August 13, 2007, the defense believes that no argument can be made that the firearm was not abandoned. The defense could not find any case law to the rebut the arguments set forth by the government. Therefore, although the defense believes that no probable cause or reasonable suspicion existed to justify a stop of Mr. Davis, because the firearm was discarded prior to Mr. Davis' seizure, the defense has no argument as to the recovery of the firearm by the officers.

Case 1:07-cr-00042-JJF

Document 18

Filed 08/20/2007

Page 2 of 2

Thank you for Your Honor's consideration of the foregoing. Respectfully submitted,

/s/ Eleni Kousoulis, Esq. Assistant Federal Public Defender Attorney for Defendant Thomas L. Davis

cc: Shawn E. Martyniak, AUSA (by ECF)

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