Free Motion for Joinder - District Court of California - California

Case 3:08-cr-00650-JM

Document 70

Filed 08/11/2008

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1 SHAUN KHOJAYAN (#197690) LAW OFFICES OF SHAUN KHOJAYAN 2 & ASSOCIATES, P.L.C. 121 Broadway, Suite 338 3 San Diego, CA 92101 Telephone: (619) 338-9110 (619) 338-9112 4 Facsimile: Email: [email protected] 5 Attorney for Defendant Bni 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JEFFREY T. MILLER) Case No.: 08CR650JM Date: August 29, 2008 Time: 1:30 p.m. MOTION TO JOIN IN DEFENDANT MATTHEW WILLIAM KENNEDY'S MOTION TO SUPPRESS EVIDENCE

11 UNITED STATES OF AMERICA, 12 13 v. Plaintiff,

14 SANDRA BNI (3), 15 16 17 18 19 TO: Defendant.

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND STEVEN D. DESALVO, ASSISTANT UNITED STATES ATTORNEY: Defendant Sandra Bni hereby moves to Join in co-defendant Matthew William Kennedy's

20 Motion to Suppress Evidence. 21 Government agents entered the trailer at Space No. 13 without a warrant or exigent

22 circumstances, in violation of the Fourth Amendment to the United States Constitution. Mr. 23 Kennedy maintains that the entry was without his consent. See Kennedy's Mot. To Suppress 24 Evidence (Docket #43, 55). Ms. Bni, as a guest in the trailer, has standing to object to the entry and 25 Fourth Amendment violation. See Minnesota v. Olson, 495 U.S. 91 (1990). Her presence in the 26 trailer is not in dispute and therefore no declaration to dispute this fact is reasonably necessary. 27 Therefore, Ms. Bni respectfully seeks to adopt the legal arguments contained in Mr. Kennedy's 28 motions to suppress evidence and those to be argued at the hearing on this matter. Permitting Ms. -1­
MOT. FOR JOINDER

08CR650JM

Case 3:08-cr-00650-JM

Document 70

Filed 08/11/2008

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1 Bni to join in co-defendant Matthew William Kennedy's Motion to Suppress Evidence and 2 Statements and Suppress Identification, would be time effective and cost effective. 3 The fruits of this illegal search should be suppressed. See id.; Taylor v. Alabama, 457 U.S.

4 687 (1982). Given the entry without warrant, exigent circumstances or consent, the Court should 5 suppress the alleged statements made by Mr. Kennedy to the Border Patrol, any objects taken from 6 the trailer and people within the trailer, and the statements and identities of the people found in the 7 trailer. Wong Sun v. United States, 371 U.S. 471 (1963). 8 Thus, Ms. Bni respectfully requests an order granting her request to Join in Mr. Kennedy's

9 Motions to Suppress Evidence. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2­
MOT. FOR JOINDER

Dated: August 11, 2008

Respectfully submitted, LAW OFFICES OF SHAUN KHOJAYAN & ASSOCIATES, P.L.C. s/ Shaun Khojayan ______________ SHAUN KHOJAYAN Attorney for Defendant Bni Email: [email protected]

08CR650JM