Affidavit in Support of Motion to Supress — U.S. v. Maurice… (Doc. 56-1, 1:20-cr-00228, record 278523)

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This is an affidavit in support of a motion to suppress, filed pro se by Maurice Fayne on 08/10/20 as Document 56-1 in Case 1:20-cr-00228-MHC-JKL in the Northern District of Georgia. Fayne asserts that the criminal complaint, the arrest warrant, the search and seizure warrant and the supporting affidavit of Special Agent Paul Fike were not signed under oath as the 4th Amendment requires. He also asserts that the warrants did not bear the court seal or the clerk's signature, and that Magistrate Judge Justin S. Anand did not acknowledge the attestation in writing. On that basis he states that all of the agent's affidavit statements are unsworn.

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FILED IN CLERK'S OFFiCE
U.S.D.C. Atlanta
IN THE UNITED STATES DISTRICT COURT AUG 19
NORTHERN DISTRICT OF GEORGIA j^B N. HATTEN, Clerk
ATLANTA DIVISION N'^ ^ ^eputy Clerk
UNITED STATES OF AMERICA
Plaintiff,
^r^e
CRIMINAL ACTION
V.
CASE NO. 1:20-CR-228
MAURICE FAYNE,
FICTITIOUS DEFENDANT
Defendant,
CASE NOs. 1:20-MJ-370, 364,
361,360, 355 and 1:20-MC-833,
1:20-CR-228-MHC-JKL,
1:20-CR-228-MHC-JKL
AFFroAVIT IN SUPPORT OF MOTION TO SUPRESS
1. Affiant is of lawful age to make this affidavit.
2. Affiant is competent to make this affidavit in support of the motion to
suppress and competent to testify to the facts contained herein.
3. Affiant is making this affidavit based on firsthand personal knowledge.
4. Affiant makes the following assertions:
The criminal complaint and affidavit originally submitted and file with the Clerk of
the UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
GEORGIA was not signed by Special Agent of the Federal Bureau Investigations.
The Original affidavit that accompanied the criminal complaint that was filed the
Clerk of the UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
Case 1:20-cr-00228-MHC-JKL     Document 56-1     Filed 08/10/20     Page 1 of 5

GEORGIA was not signed by Special Agent Paul Pike of the Federal Bureau
Investigations. The Search and Seizure warrant filed with the Clerk of the
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA,
was not signed under oath as required by the 4th Amendment of the United States
Constitution. Magistrate Judge Catherind M. Salinas did not acknowledge the
attestation in writing on the affidavit. The search and seizure did not bear the court
seal and did not have the clerk signature affixed. The affidavit written by Special
Agent Paul Fike of the Federal Bureau Investigations was not sign by him under
oath.
The warrant for arrest that was filed with the Clerk of the UNITED STATES
DISTRICT COURT NORTHERN DISTRICT OF GEORGIA was not signed
under oath as required by the 4th Amendment of the United States Constitution.
Magistrate Judge Justin S. Anand did not acknowledge the attestation in writing on
the affidavit. The arrest warrant did not bear the court seal and was not signed by
the clerk of court. The affidavit prepared by Special Agent Paul Fike of the Federal
Bureau of Federal Bureau Investigation, that was filed with the Clerk of the court
was not signed by Special Agent Paul Fike of the Federal Bureau Investigations.
All statements made by Special Agent Paul Pike in all of his affidavits are unswom
statements.
Case 1:20-cr-00228-MHC-JKL     Document 56-1     Filed 08/10/20     Page 2 of 5

Further affiant sayeth not.
I declare (or certify, verify, or state) under penalty of perjury under the laws of the
United States of America that the foregoing is tme and correct
^.
Respectfully submitted this 16 day of
^1^)~
_,2020,by:
ffi^i. WU. ~fi\»/yh •if,^c - JiL-
maurice johnson fayne el
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion to Suppress Criminal Affidavit and aU
other Evidence has been formatted in Times New Roman 14 pt., in accordance
with Local Rule 5.1B, and was electronically filed this day with the Clerk of Court
using CM/ECF system which will automatically send email notification of such
filing to the following counsel of record:
James N. Hatten Clerk of Court
Attorney John Russell PhiUips
UNITED STATES DISTRICT COURT Richard B. Russell Federal BuUding
NORTHERN DISTRICT OF GEORGIA United States Attorney's Office
Richard B. Russell Federal Building
75 Ted Turner Drive, SW #600
2211 United States Courthouse
Atlanta, Georgia 30303-3309
Case 1:20-cr-00228-MHC-JKL     Document 56-1     Filed 08/10/20     Page 3 of 5

75 Ted Turner Drive, SW
Atlanta, Georgia 30303-3309
(404) 215- 1600
(404)581-6000
Email:mssell.phillips @ usdoj .gov
Attorney Bemita Malloy
Richard B. Russell Federal Building
United States Attorney's Office
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
(404) 581-6000
Email: Bemita.Malloy@usdoj.gov
Attorney Michael John Brown
Richard B. Russell Federal Building
United States Attorney's Office
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Attorney Byung J. Pak
Richard B. Russell Federal Building
United States Attorney's Office
75 Ted Turner Drive, SW #600
Atlanta, Georgia 30303-3309
Email: MichaelJ.brown2@usdoj.gov
Case 1:20-cr-00228-MHC-JKL     Document 56-1     Filed 08/10/20     Page 4 of 5

maurice johnson fayne-el
c/o 6608 N Western Avenue # 1307
Oklahoma City, Oklahoma [73116] U.S.A
770-846-1034
Email: mauriceiohDSonfavne.eltmst@gmail.com
Case 1:20-cr-00228-MHC-JKL     Document 56-1     Filed 08/10/20     Page 5 of 5

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