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

Case 1 :07-cr-00120-SLR Document 21 Filed 10/12/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT E;
FOR THE DISTRICT OF DELAWARE E;
2, I.II.,
"
UNITED STATES OF AMERICA, : N
: gil
vs. : Docket Number ny?
Manlio Yovani Martinez Rodriguez, 07-CR-120 5C L I
Defendant. :
O R D E R
AND NOW, this day of , 2007, upon consideration of the Defendant’s
Motion to Suppress , it is hereby ORDERED and DECREED that the same be, and it is hereby,
GRANTED.
BY THE COURT:
J.

_ Case 1:07-cr—00120-SLR Document 21 Filed 10/12/2007 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
vs. Docket Number
MANLIO YOVANI MARTINEZ RODRIGUEZ, 07-CR-120
Defendant. :
DEFENDANT’S MOTION TO SUPPRESS EVIDENCE FOR
LACK OF PROBABLE CAUSE OR REASONABLE SUSPICION
The Defendant in this case was a passenger in a vehicle that was stopped in the parking
lot of the Abbey Medical Center located at 1 Centurian Drive, Newark, DE. The vehicle did not
engage in any traffic violations. The vehicle simply began to move almost simultaneously with
the arrival of a police vehicle. The police vehicle was allegedly responding to a Burglary Type
Alarm. The officer immediately stopped the vehicle where Defendant was a passenger. The
Defendant was thereafter arrested and charged. This scenario does not give the officer reasonable
suspicion that criminal activity is at foot or probable cause that a crime was committed or that
evidence of a crime would be found in the vehicle in question. There is no independent evidence
that a Burglary Alarm had been activated at the Hospital at that time.
WHEREFORE, it is respectfully submitted that this Honorable Court order that
any and all evidence obtained by the Government be suppressed. A hearing is requested.
gllespectfullyglrb tte ,
aiTj§.>» _ ,...... .. r
J O
torney for Defen ant .
Date October ll, 2007

_ Case 1:07-cr-00120-SLR Document 21 Filed 10/12/2007 Page 3 of 3
CERTIFICATION OF SERVICE
Ori this date, I, José Luis Ongay, did hereby serve Shawn Weede, AUSA, a true and
correct copy of this motion at Chase I\/Ianhattan Centre, 1201 Market Street, Suite 1100, P.O.
Box 2046.
'\_ { j xL
Q ' L K ar. I .
, L 1~-. '_‘1 _,.- ‘ _ __-_
sé Luis Origay, Esquire {
Date: October 11, 2007

Case 1:07-cr-00120-SLR

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