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Defendant's Motion to Suppress Evidence — United States v. Brendan Person (N.D. Ga., Dkt. 99, August 16, 2016)

Summary

This is a Defendant's Motion to Suppress Evidence filed through counsel Mark Jeffrey in No. 1:14-CR-00179, in the case captioned against Brendan Person. It is brought under the Fourth Amendment to the US Constitution and seeks an order suppressing any evidence improperly obtained or seized by law enforcement officials. It states that the defendant is accused of being part of an international firearms trafficking scheme and that searches and seizures of mail parcels, telephone and computer equipment, and residential properties lacked probable cause. It states that he makes no admissions as to ownership of any property and reserves the right to supplement the motion.

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Cite this document

“Defendant's Motion to Suppress Evidence — United States v. Brendan Person (N.D. Ga., Dkt. 99, August 16, 2016).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-14-cr-00179-dkt-99-n-d-ga-6318af4e3e/, SHA-256 db4c76e423b6deb14668560f15735e78827e7d2550328cec8281dd5c3651ae40.

Full text

      Case 1:14-cr-00179-AT-JKL Document 99 Filed 08/16/16 Page 1 of 3




               IN THE UNITED STATES DISTRICT COURT
                  NORTHERN DISTRICT OF GEORGIA
                         ATLANTA DIVISION


UNITED STATES OF AMERICA

V.                                          1:14-CR-00179—AT-JKL

BRENDAN PERSON


           DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

      COMES NOW Defendant, by and through undersigned counsel, who files

this motion pursuant to the Fourth Amendment to the US Constitution, for an

Order suppressing any evidence improperly obtained or seized              by law

enforcement officials. In support of this motion, Defendant shows as follows.

      Defendant is accused of being part of an international firearms trafficking

scheme which generated extensive law enforcement investigation.                 The

government investigation entailed searches and/or seizures of mail parcels,

telephone and computer equipment and records, residential properties, and other

property interests of Defendant.      However, the subject searches, whether

conducted through a warrant or otherwise, were lacking in probable cause.       As

such, any evidence derived from such searches, including any derivative evidence,
       Case 1:14-cr-00179-AT-JKL Document 99 Filed 08/16/16 Page 2 of 3




must be excluded from evidence. Mapp v. Ohio, 367 U.S. 643 (1961); Wong Sun

v. United States, 371 U.S. 471 (1963).

       Through this motion, Defendant at this point makes no admissions

whatsoever as to his ownership of any particular property interest allegedly part of

the overall scheme, but reserves the right to challenge any infringement of his

personal fourth amendment rights as case investigation proceeds. Toward this

end, he further reserves the right to supplement or further particularize this motion

as appropriate.

       WHEREFORE, Defendant requests that the Court hold inquiry and

thereafter suppress any evidence wrongfully obtained, and confer all such other

relief that is just and proper.

       Respectfully submitted, this 16th day of August 2016.

                                       s/ Mark Jeffrey
                                       MARK JEFFREY
                                       GA Bar No. 390048
                                       Attorney for Defendant

2470 Windy Hill Road, Suite 300
Marietta GA 30067
770- 933-5377-P
770-956-2919-F




                                         2
       Case 1:14-cr-00179-AT-JKL Document 99 Filed 08/16/16 Page 3 of 3




                         CERTIFICATE OF SERVICE


      This is to certify that I have electronically filed the foregoing with proposed

order with the Clerk of Court using the CM/ECF system, which will automatically

send email notification of such filing to the following counsel of record:

             Ms. Tracia M. King
             Office of the US Attorney
             600 Richard Russell Federal Building
             75 Ted Turner Drive
             Atlanta, GA 30303

      This 16th day of August 2016.

                                       /s/ Mark Jeffrey
                                       MARK JEFFREY
                                       GA Bar No. 390048
                                       Attorney for Defendant

2470 Windy Hill Road
Suite 300
Marietta GA 30067
770- 933-5377-P
770-956-2919-F

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