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

Case 1:05-cr-00036-JJF

Document 30-2

Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36-1 : : NOTICE OF MOTION TO: U.S. Department of Justice United States Attorney's Office District of Delaware Attention: April Byrd, Esquire 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046

PLEASE TAKE NOTICE that the attached Motion to Suppress will be presented to the Court at its earliest convenience. LAW OFFICE OF EDWARD C. GILL, P.A. __/s/_________________ Edward C. Gill, Esquire Attorney for Defendant Bar No. 2112 P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

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Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. MOTION TO SUPPRESS NOW COMES the Defendant, by and through his attorney, and respectfully represents: l. That Defendant's residence was searched by government agents on March 16, 2005. 2. That said search of the residence was accomplished : : : Cr.A.No. 05-36-1 :

without probable cause to believe that seizable evidence was present at that place. 3. warrant. 4. That the search of the home was pursuant to a Said warrant lacked probable cause. That said search of the residence was accomplished

in violation of the Fourth and Fourteenth Amendments to the United States Constitution and Article 1, Section 6 of the Constitution of the State of Delaware. 5. That Defendant has standing to bring this motion in

that it was his home which was entered and searched. WHEREFORE, Defendant respectfully moves that all fruits of the illegal and unconstitutional search of defendant's residence be suppressed from use as evidence by the State.

Case 1:05-cr-00036-JJF

Document 30-2

Filed 06/14/2005

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LAW OFFICE OF EDWARD C. GILL, P.A. _/s/__________________ Edward C. Gill, Esquire Bar I.D. 2112 Attorney for Defendant P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

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Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36-1 :

ORDER After having carefully considered Defendant's Motion to Suppress it is hereby ordered that all fruits of the search of defendant's residence on March 16, 2005, are suppressed from use as evidence by the government. ___________________ Judge DATED:

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Filed 06/14/2005

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AFFIDAVIT STATE OF COUNTY OF SUSSEX BE IT REMEMBERED that on this 13th day of June, A.D. 2005, personally appeared before me, a Notary Public for the State and County aforesaid, Robert Cooke, who being duly sworn by me did depose and say: 1. 2. That he is the defendant. That the information contained in the foregoing Motion to Suppress

is true and correct to the best of his information, knowledge and belief.

___________/s/__________ Robert Cooke

SWORN TO and SUBSCRIBED before me the day, month and year aforesaid.

_____________________ Notary Public

Case 1:05-cr-00036-JJF

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Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36-1 : :

CERTIFICATE OF SERVICE Undersigned counsel certifies that his Motion to Suppress is available for public viewing and downloading and was electronically delivered on June 21, 2005 to: April M. Byrd, Esquire Assistant U.S. Attorney Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046

/s/ Edward C. Gill, Esquire Bar ID 2112 16 North Bedford Street P.O. Box 824 Georgetown, DE 19947 302-854-5400 [email protected] Dated: June 21, 2005