Free Motion to Compel - District Court of California - California

Case 3:08-cr-00726-DMS

Document 13

Filed 04/15/2008

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BRIDGET KENNEDY California State Bar No. 253416 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5030 Telephone: (619) 234-8467, ext. 3740 Fax: (619) 687-2666 [email protected] Attorneys for Mr. Garcia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE DANA M. SABRAW) UNITED STATES OF AMERICA, Plaintiff, v. JESUS DAVID GARCIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08CR0726-DMS DATE: TIME: April 25, 2008 11:00 a.m.

NOTICE OF MOTIONS AND MOTIONS: (1) TO COMPEL DISCOVERY/PRESERVE EVIDENCE; (2) TO PRESERVE AND RE-WEIGH NARCOTIC EVIDENCE; (3) TO SUPPRESS STATEMENTS; (4) TO SUPPRESS INFORMATION SEIZED FROM WARRANTLESS SEARCH OF CELLULAR TELEPHONE AND; (5) GRANT LEAVE TO FILE FURTHER MOTIONS

TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND CHRISTINA McCALL, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on April 25, 2008, at 11:00 a.m. or as soon thereafter as

counsel may be heard, the defendant, Jesus David Garcia, by and through his counsel, Bridget Kennedy and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. // //

Case 3:08-cr-00726-DMS

Document 13

Filed 04/15/2008

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MOTIONS The defendant, Jesus David Garcia, by and through his attorneys, Bridget Kennedy and Federal Defenders of San Diego, Inc., pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order: 1) to compel discovery/preserve evidence; 2) to preserve and re-weigh narcotic evidence; 3) to suppress statements; 4) to suppress information seized from warrantless search of cellular telephone and; 5) for leave to file further motions. These motions are based upon the instant motions and notice of motions, the attached

10 statement of facts and memorandum of points and authorities, and all other materials that may come 11 to this Court's attention at the time of the hearing on these motions. 12 Respectfully submitted, 13 s/ Bridget Kennedy 14 Dated: April 15, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08CR0726-DMS BRIDGET KENNEDY Federal Defenders of San Diego, Inc. Attorneys for Mr. Garcia