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Defendant, Corey Moore, by and through his counsel Brian K. McDaniel and
McDaniel & Asso. P.A., respectfully moves this Court to suppress all physical evidence
warrant at 118 Sherman Ave., Takoma Park, Montgomery County Maryland. Such
evidence is alleged to include, but is not limited to Cocaine, United State Currency,
Cellular phones and other assorted documents purportedly related to the underlying
indictment. Mr. Moore also moves, under the Fourth Amendment to suppress any items
found during the continued investigation as a result of the illegal search and seizures, as
fruit of the poisonous tree. The grounds for this motion are more fully stated in the
Respectfully submitted,
____________/s/_____________________
Brian K. McDaniel
McDaniel & Asso. P.A.
1211 Connecticut Ave. N.W.
Suite 506
Washington, D.C. 20036
Telephone (202) 331 – 0793
bkmassociates@aol.com
Case 8:10-cr-00648-AW Document 21 Filed 01/02/11 Page 2 of 5
A. BACKGROUND
The Defendant, Corey Moore is charged in a four count indictment alleging his
Possession with the Intent to Distribute cocaine and Phencyclidine as well as his
It is alleged that Mr. Moore was arrested on September 25, 2010 in an area near
the at issue address. It is further alleged that after coming into contact with a law
enforcement officer on the aforementioned date, Mr. Moore ran from the officer who
represents that he saw Mr. Moore throw a “large clear object” in a dumpster area. The
affidavit in support of the search warrant states that this object was later secured near the
dumpster area and subsequently “yielded a positive reaction for the presence of cocaine”.
Conveniently, officers allege to have seen broken glass at the basement apartment which
led to their entrance into and sweep of the at issue location. Officer’s did not represent
Case 8:10-cr-00648-AW Document 21 Filed 01/02/11 Page 3 of 5
that they observed or located any contraband as a result of the sweep. On the same date
officers made contact with the owner of the property who represented that Mr. Moore
B. ARGUMENT
The test for determining probable cause is whether the facts presented to a judicial
officer establish a “substantial probability” that the items sought will be found at the
target location. Illinois v. Gates, 462 U.S. 213 (1983). The determination of probable
cause calls for a “practical commonsense” inquiry. Id. at 238. Probable cause is
considering an application for a search warrant must decide “whether, given all the
circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of
contraband or evidence of a crime will be found in a particular place. Id. Evidence seized
evidence “will further the purposes of the exclusionary rule.” United States v. Leon, 468
U.S. 897, 918 (1984). When an affidavit is lacking in probable cause, evidence seized
pursuant to the warrant may be admitted only where the “affidavit was made in good
faith, the warrant was issued by a detached and neutral magistrate and the warrant was
reasonably relied on in good faith by the police officers.” United States v. Richardson,
861 F.2d 291, 294 (D.C. Cir 1988) (citing Leon, 468 U.S. 897).
In this case, the affidavit is lacking in probable cause to believe that any
contraband would be present in the 118 Sherman Ave. address.. A review of the affidavit
Case 8:10-cr-00648-AW Document 21 Filed 01/02/11 Page 4 of 5
in support of search warrant outlines the interaction between Officer Hubley and Mr.
Moore during the alleged flight and pursuit which resulted in the purported recovery of
cocaine in an area unrelated to the address for which the warrant was granted. The
affiant described further the presence of law enforcement in the 118 Sherman location in
connection with the burglary report. During this sweep there were no observations made
by officers which would provide an support to a probable cause determination that the
items for which the search warrant was being sought would in fact be found at the
address. The warrant hinges on an affidavit that is "so lacking in indicia of probable
cause as to render official belief in its existence entirely unreasonable." See United States
v. Edelen, 529 A.2d 774, 786 (D.C. 1987). There is no substantial basis to believe that
On this record there is no support present for any nexus with regard to the address
for which the search warrants were sought and any likelihood that those items listed in
the search warrant would be found in that particular location. There is nothing in the
affiant’s statements which evidences a connection with the purported drug possession and
circumstances from which the affiant has concluded that his information is reliable, must
independently to judge the validity of the affiant’s conclusion that the things to be seized
are where he says they are.” U.S. v. Bailey, 458 F.2d 408 (9th Cir. 1972) citing Aguilar v.
Nor may the government find safe harbor in the Leon exception. Under that
doctrine, the affidavit must be made in good faith, and the warrant reasonably must be
relied upon in good faith by the executing officers. Here, the affiant was aware of the
absence of any connection between the residence and the at issue evidence.
The Supreme Court stated in Illinois v. Gates, supra, 462 U.S. 213, "that an
informant's 'veracity,' 'reliability,' and 'basis of knowledge' are all highly relevant in
CONCLUSION
For the reasons stated above, and for any other reasons that the Court may deem
just and proper, defendant, Corey Moore requests that all physical evidence recovered as
a result of the execution of the search warrant on the 118 Sherman Ave address be
suppressed from use at trial. Mr. Moore requests an evidentiary hearing on this motion.
Respectfully submitted,
_____________/s/____________________
Brian K. McDaniel
McDaniel & Asso. P.A.
1211 Connecticut Ave. N.W.
Suite 506
Washington, D.C. 20036
Telephone (202) 331 – 0793
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of January, 2011 a copy of the foregoing
_______________/s/__________________
Brian K. McDaniel