Fill and Sign the Motion Suppress 497308533 Form

STATE OF LOUISIANA : ___ TH JUDICIAL COURT VS : PARISH OF __________ , LOUISIANA ______________ : DOCKET NO. __________ ______________________________________________________________________________ MEMORANDUM May it please the Court, as you may recall we had a Motion to Suppress, which was heard by your Honor on the ___ th day of __________ , ______ , in _____________ , Louisiana. During the hearing, _____________ testified that _____________ was identified through a confidential informant and located at _____________ in _____________ , Louisiana. At that time, _____________ and _____________ approached the defendant and conducted a Terry stop investigation where by they patted the defendant down to search for any weapons as a matter of protecting the officers’ safety. They both testified that no contraband was found on defendant at that time, and furthermore the _____________ was searched to see if any contraband was in the store. At that time, _____________ and _____________ testified that he was not under arrest and was free to leave. The defendant made a phone call to get a taxi cab to come and pick him up and bring him back to _____________ . Upon arrival at the scene by the taxi cab driver, the defendant entered the cab and left. After the cab left and proceeded down the road, _____________ and _____________ pulled up behind the taxi cab and pulled the taxi cab over for no reason. _____________ testified that this was the same cab that had dropped the defendant off at _____________ . Upon questioning of _____________ , I asked him how did he know that this was the same cab that had previously dropped the defendant off at _____________ ? He said he wasn’t sure because he nor _____________ was there at the time that the cab initially dropped off the defendant. I also asked _____________ if he had a license plate number to verify that this was the same taxi cab, and he said no he did not. Therefore, the Sheriff’s Deputies had no probable cause to pull the taxi cab over, and the evidence obtained subsequent to that stop should be inadmissible. However, assuming arguendo that the stop was found to be legal, the defendant further urges that a subsequent strip search done at the _____________ was a violation of the defendant’s Constitutional Rights. I would request your Honor to view the case of State of Louisiana vs. Dawn Bullock 661 So.2d 1074 (La. App. 4 Cir. 1995). This case gives a break down of the Supreme Court cases which state the law regarding what is needed for a warrantless - 1 - body cavity search other than the mouth. State of Louisiana vs. Fontenot 383 So.2d 365 (La 1980). The Fontenot Court found that because there where no exigent circumstances which prevented the officers from obtaining a warrant to search the defendant’s vagina, the warrantless search was illegal. The Court also found the defendant’s acquiescence to the search did not amount to a valid consent to submit to the search. In this case, the officers went even further because _____________ had not even been arrested at the time the full body cavity search was undergone. Therefore, the body search conducted at the _____________ was a violation of the defendant’s Fourth Amendment Rights and should be Suppressed. Respectfully Submitted, __________________________________ _____________ ______________________ ______________________ _____________ , LA _____________ ( ____ ) _____________ - 2 -