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Expectation of Privacy; Protect yourself from illegal searches

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On or about May 5, 2008 at approximately 11:28 pm. Officer Anthony Smith, Badge from the Metro Police Department detained Mr. Oscar Tenor. That Mr. Tenor is the defendant in the above-captioned case.That on the above time and date, Mr. Tenor was not violating any laws in the United States or the State of Illinois.

Officer Smith did not have an arrest warrant or a search warrant on the above time and date; nor was voluntary consent given. That Officer Smith's testimony at the grand jury, dated August 21, 2008 is not believable and pretextual in nature.

On the date of the said stoppage of the Defendant's motor vehicle, there existed in the State of Illinois a certain statute, being 725 ILCS 5/107-2, which provides:

"A peace officer may arrest a person when:

(a) he has a warrant commanding that such person be arrested; or

(b) He has reasonable grounds to believe that a warrant for the person's arrest has been issued in this State or in another jurisdiction; or

(c) He has reasonable grounds to believe that the person is committed or has committed an offense."

That the stopping of the Defendant's motor vehicle was performed at a time when the

peace officer was not possessed of a warrant commanding that the person of the

Defendant be arrested nor did he have reasonable grounds to believe that warrant for

the person's arrest had been issued in this state or in another jurisdiction. Further,

the said officer had no reasonable grounds to believe that the person of the

Defendant had committed or was in the act of committing an offense.

Notwithstanding the failure to have an arrest warrant, search warrant, knowledge of an arrest warrant or search warrant and the failure to have reasonable grounds to believe that the Defendant was committing or had committed an offense, the Defendant's motor vehicle was caused to be stopped, and the Defendant's vehicle was searched.

The arrest of the Defendant was without probable cause and violated the Defendant's constitutional and statutory rights.The Exclusionary Rule prohibits the introduction into evidence of the direct and indirect products of unreasonable searches and seizures. Mapp v. Ohio, 367 U.S. 643 (1961);

  • 2. Because of the above conduct, any and all communications, confessions, statements, admissions, physical evidence or tests by Oscar Tenor, must be suppressed.

Oscar Tenor  respectfully requested the  Honorable Court pursuant to 725 ILCS 5/114-12 to suppress all statements made and all evidence obtained as a direct result of an improper vehicle stop, because of the absence of authority or probable cause to affect it, and to suppress from introduction into evidence the following:

  • a. Physical evidence discovered directly and indirectly as a result of the arrest and detention;
  • b. Statements, utterances, reports of gestures and responses by petitioner during the detention following arrest;
  • c. Any in-court or out of court identification of petitioner;
  • d. Photographs, fingerprints, and other information, the produce of the processing of petitioner following his arrest, and fruits thereof;
  • e. All other knowledge and the fruits thereof, witnesses, statements, whether written, oral or gestural and physical evidence which is the direct and indirect product of arrest, and for such other and further relief as this Court deems proper.

Therefore, Mr. Tenor may exercise his rights to not consent to a search, and if the search is improperly conducted, then everything that is a direct result from the search shall be suppressed.  When stopped in a vehicle, the driver and the passengers of the vehicle must still exercise the rights of an expectation of privacy.  This language replicates the language of the Fourth Amendment to the United States Constitution which provides for the ability for  a person to be aware of how they are pulled over in any type of environment.

Craig Cunningham is a published author in the areas of family and criminal law.  In addition to being an attorney, he is also a professor and will educate his clients regarding their case and the law. Clients are able to reach him through several outlets such as, email, cell phone, office line and fax. He will never keep his clients in the dark. With any new developments, he will definitely keep clients informed. For more information please visit at www.cunninghamlaw.cc

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