Motion to Suppress Statements with Brief In Support by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 44, N.D. Ga. No. 1:22-cr-00171)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 44 · 2022-11-30 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
   :
   :
   :    CRIMINAL INDICTMENT 
v.
   :
NO. 1:22-CR-171
   :
                  
CARL DELANO TORJAGBO,    
   :
Defendant.     
   :
PRELIMINARY MOTION TO SUPPRESS POST-ARREST STATEMENT 
Comes now the defendant, Carl Torjagbo, by and through his undersigned
counsel, who moves the Court to suppress his post-arrest statement.  In support
thereof, the defendant shows the Court the following:
1.
Mr. Torjagbo has been indicted in a multi-count indictment charging him with
bank  fraud and money laundering in connection with a PPP loan.
2.
Following his arrest on May 12, 2022, Mr. Torjagbo was subjected to a post-
arrest interrogation. The questioning took place without counsel for the defendant
being present or intelligently waived.
Case 1:22-cr-00171-MLB-RDC     Document 44     Filed 11/30/22     Page 1 of 3

3.
A hearing pursuant to Jackson v. Denno, 378 U.S. 368 (1984) is needed to
determine whether Carl Torjagbo understood his rights and voluntarily waived all the
rights guaranteed to him under the United States Constitution.
4.
The time during the duration of the resolution of this motion should be deemed
excludable from Speedy Trial Act calculations.
Wherefore, Carl Torjagbo requests a pretrial hearing on the question of whether
his post-arrest statement was properly obtained and reported in conformity with his
constitutional rights.
Respectfully submitted,
 /s/ Jay L. Strongwater        
Jay L. Strongwater
Georgia Bar No. 688750
 /s/ Emily B. Strongwater  
Emily B. Strongwater
Georgia Bar No. 572648
1360 Peachtree Street
Suite 910
Atlanta, Georgia  30309
(404) 872-1700
Counsel for Defendant 
Case 1:22-cr-00171-MLB-RDC     Document 44     Filed 11/30/22     Page 2 of 3

CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
within and foregoing pleading upon counsel for the government by electronically
posting through the District Court’s ECF Filing System, addressed as follows:
John Russell Phillips, Esq.
Assistant United States Attorney
russell.phillips@usdoj.gov
This   30th     day of   November  , 2022.
 /s/ Jay L. Strongwater 
Jay L. Strongwater
Georgia Bar No. 688750
1360 Peachtree Street
Suite 910
Atlanta, Georgia  30309
(404) 872-1700
Counsel for Defendant  
Case 1:22-cr-00171-MLB-RDC     Document 44     Filed 11/30/22     Page 3 of 3

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