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

Case 1:07-cr-00104-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. PERCY A. SKINNER, Defendant.

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Criminal Action No. 07-104-JJF

DEFENDANT'S MOTION TO SUPPRESS PHYSICAL EVIDENCE AND STATEMENTS

Defendant, Percy A. Skinner, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender for the District of Delaware, hereby moves this Court, pursuant to Federal Rule of Criminal Procedure 12(b)(3) and the Fourth and Fifth Amendments of the United States Constitution, for an Order suppressing the Government's use of any and all evidence obtained as a result of the illegal seizure and arrest on or about June 26, 2007, including all statements made during, or subsequent to, the illegal seizure and arrest. In support of this motion, Mr. Skinner submits as follows:1 1. On June 24, 2007, Wilmington police officers responded, after receiving a complaint

that shots had been fired, to the1300 Block W. 4th Street, Wilmington, Delaware. Upon arrival, the

The facts contained in paragraphs 1-12 of this motion were taken from the discovery. Mr. Skinner cites these facts in his motion, but does not concede that the events transpired as stated by the arresting officers. Additionally, Mr. Skinner notes that the discovery, which has been redacted, may contain additional information not included in this motion. Mr. Skinner submits that an evidentiary hearing is needed to further develop the facts, which are determinative of this motion.

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officers found blood on the sidewalk and numerous shell casings. 2. Bystanders informed the officers that several people were struck by gun fire and went

to St. Francis Hospital in personal vehicles. The officers reported to the hospital and found four alleged victims and a witness. 3. Although the facts are not clear from the discovery, the witness apparently informed

Detective Scott C. Chaffin that several individuals had been sitting in an unspecified location, when an unknown black male walked past them. The subject allegedly stated "watch out for the police," and continued around the corner. A short time later, the subject walked back to the individuals and allegedly shot several rounds at them. The four alleged victims were struck by bullets and subsequently driven to the hospital. 4. Although, the facts are not clear from the discovery, Detective Tabor stated that three

of the alleged victims gave a similar account of the incident but could not identify the shooter. Detective Tabor also spoke to the fourth alleged victim, who stated that one of the victims commented, "watch out for that guy," in reference to the unknown black male. According to the fourth alleged victim, the unknown black male subsequently walked up to, and shot at, the individuals. During a subsequent interview, the fourth victim stated that he did not see anyone shoot back at the subject, but later heard one of the victims state that he had shot the suspect. 5. Detective Tabor was later advised that a 1997 Buick Park Avenue was found on I-95

with bullet holes in it. The vehicle's owner stated that she had been inside of her house and heard the gunshots at the time of the shooting. The owner stated that she went outside, saw the alleged

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shooting victims and drove her son and two of the alleged victims to the hospital2. The vehicle's owner stated that the vehicle was struck during the gunfire. 6. Law enforcement officials stated that upon processing the crime scene, the recovered

shell casings contradicted the victims' statements that there was one suspect with one weapon. Instead, law enforcement officials concluded that more than one armed individual was involved in the shooting. 7. According to the discovery, large caliber projectiles were removed from two of the

victims during surgery, and from the vehicle. Detective Tabor also took one of the victim's clothing, which had been removed by hospital staff during treatment, and found two .45 caliber rounds in the rear pants pocket. The rounds matched a round recovered from the crime scene. 8. During a door-to-door canvass, a witness stated, after the shooting and before the

police arrived that he or she saw someone run into 1316 W. 4th Street. 9. Based upon these facts, on June 25, 2007, officers applied for, and obtained, a search

warrant for the 1316 W.4th Street residence, as well as an additional residence at 120 Donhaven Drive, New Castle, Delaware. Specifically, the warrant identified the following: "any and all handgun(s), firearm(s), and/all ammunition . . . any paperwork, documentation, receipts indicating the possession, purchasing, or pawning of any handgun(s) and/or firearms, and any/all evidence pertinent to this investigation." (A copy of the warrant is attached hereto as Exhibit "A".) 10. On June 26, 2007, officers executed the search warrant at the residence (1316 W. 4th

Street). Officers allege that they repeatedly knocked on the front and rear doors, forced entry into

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The vehicle's owner, whose name was redacted, appears to be the mother of one of the 3

victims.

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the residence and announced their presence. After clearing the residence, officers proceeded to a second floor bedroom. Officers kicked in the bedroom door and saw Mr. Skinner and a female lying in bed. Officers alleged that they saw a black handgun lying next to Mr. Skinner's pillow. Officers arrested Mr. Skinner and secured the weapon without incident. The weapon had one 9mm round in the chamber and fourteen 9mm rounds in the magazine. Officers also found Russell Monroe in a middle bedroom, but recovered no additional evidence. 11. Officers transported the three individuals to the police station, and interrogated the

female. The female, who had an active capias, stated that she had no knowledge of the weapon. 12. Officers alleged that they advised Mr. Skinner of his Miranda warnings, and he stated

that he had only been at the home for a short time before the officers arrived. Mr. Skinner allegedly stated that he had no knowledge of the handgun, and that "it was crazy." Mr. Skinner further allegedly stated that he knew the owner of the residence and had permission to be at the residence. 13. On July 24, 2007, Mr. Skinner was indicted for knowingly possessing a firearm after

having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. §§ 922(g)(1) and 924 (a) (2). 14. The Fourth Amendment protects "the right of the people to be secure in their persons,

houses, papers, and effects against unreasonable searches and seizures." See U.S. CONST. Amend. IV. There is a presumptive requirement that searches and seizures be carried out pursuant to a warrant. See Katz v. United States, 389 U.S. 347, 357 ("[S]earches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions.") (internal citations omitted). 4

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15.

"One's home is sacrosanct, and unreasonable government intrusion into the home is

`the chief evil against which the wording of the Fourth Amendment is directed.'" United States v. Zimmerman, 277 F.3d 426 (3d Cir. 2002) (quoting Payton v. New York, 445 U.S. 573, 585 (1980)). In Zimmerman, the Third Circuit stated that the Fourth Amendment prohibits a general warrant, and that the magistrate must determine that there is a "fair probability that . . . evidence of a crime will be found in a particular place." Id. at 432 (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)). The Court further stated that the "warrant must also describe things to be seized with sufficient particularity and be `no broader than the probable cause on which it is based.'" Zimmerman, 277 F.3d at 432 (quoting United States v. Weber, 923 F2d 1338 (9th Cir. 1991). See also Steele v. United States, 267 U.S. 498 (1925) (stating that a search warrant should leave "nothing . . . to the discretion of the officer executing the warrant."). Thus, the Fourth Amendment requires that probable cause must exist for each item listed in a search warrant, and each item must be particularly described. United States v. Ninety-Two Thousand Four Hundred Twenty-Two Dollars, 307 F.3d 137, 148 (3d Cir. 2002). 16. Based on a totality of the circumstances, no probable cause existed for issuance of a

search warrant, and, moreover, the warrant did not particularly describe the items and/or individuals to be seized. See e.g., Coolidge v. New Hampshire, 403 U.S. 443, 467 (1971) (stating that general warrants violate the Fourth Amendment because they essentially authorize "a general exploratory rummaging in a person's belongings, and citing examples of general requests, including "evidence of smuggled goods," "evidence of stolen property," and "books, records, pamphlets, cards, lists, memoranda, pictures, recordings and other written instruments. . . .") (internal citations omitted). Here, the officers were aware of the specific type of handgun alleged to be involved in the shooting, 5

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but did not specify the handgun sought to be seized. Because the officers' search and seizure violated the Fourth Amendment, all evidence must be suppressed in accordance with the "fruit of the poisonous tree doctrine" expressed in Wong Sun v. United States, 371 U.S. 471 (1963). 17. Mr. Skinner further submits that any alleged statements made during, or subsequent

to, his unlawful arrest should be suppressed pursuant to the Fifth Amendment and Miranda v. Washington, 384 U.S. 436, 444 (1966) (stating that a suspect subjected to custodial interrogation must be advised of his rights prior to making a statement). 18. Mr. Skinner reserves the right to file a Memorandum of Law in support of his Motion

to Suppress Physical Evidence and Statements after the completion of an evidentiary hearing in this matter.

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WHEREFORE, Mr. Skinner respectfully submits that this Court conduct an evidentiary hearing to further develop the facts related to this motion and enter an Order suppressing the Government's use of any and all evidence obtained as a result of the illegal seizure and Mr. Skinner's arrest on or about June 26, 2007, including all statements made during, or subsequent to, the illegal seizure. Respectfully submitted,

/s/ Edson A. Bostic Federal Public Defender Attorney for Percy A. Skinner Federal Defender's Office District of Delaware 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 Dated: September 7, 2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. PERCY A. SKINNER, Defendant.

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Criminal Action No. 07-104-JJF

ORDER AND NOW, this ____ day of __________, 2007, upon consideration of the Defendant's Motion to Suppress Physical Evidence and Statements, and the Government's response thereto, it is hereby ORDERED that the Motion is GRANTED. All physical evidence seized by law enforcement officials on or about June 26, 2007, and statements made by Defendant to law enforcement officials on or about June 26, 2007, are hereby SUPPRESSED. Such physical evidence and statements shall be inadmissible, for any purpose, by the Government.

BY THE COURT:

Honorable Joseph J. Farnan, Jr. United States District Court Judge

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