United States District Court For The Southern District Of New York

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA ) ) Plaintiff, ) v. ) Motion to Suppress ) Physical Evidence and Statements. MARTHA STEWED ) ) Defendant. ) MOTION TO SUPPRESS ALL TAPE RECORDING CONVERSATIONS BETWEEN DEFENDANT MARTHA STEWED AND ANY THIRD PARTIES WHICH WERE RECORED WITHOUT THE KNOWLEDGE AND CONSENT OF THE DEFENDANT OR ANY TAPING RECORDINGS BY THE NEW YORK POLICE DEPARTMENT WITH A WARRANT Comes now the Defendant Martha Stewed and moves the Court to order the suppression of any and all tape recorded conversations, all statements made by the Defendant and all physical evidence found, as a…show more content…
3. The police lacked any reason to believe that the third party whom left an anonymous tip because there was no real facts to affirm the third party’s claim, and thus, making the claims inadmissible hearsay in a court of law which gives the police no probable cause to enter into the Defendant’s home violating the rights stated in the Fourth Amendment of the U.S. Constitution. 4. The police were in violation of the Defendant’s “right to privacy” under the Fourth Amendment of the U.S. Constitution because there was no probable cause or reasonable suspicion for the police to enter Stewed’s home and place listening device in rooms her home without a warrant. Thus, making any and all statements heard on the listening devices and any physical evidence based on those statements that were obtained illegally are inadmissible in court under the exclusionary rule within the Fourth Amendment 5. Considering the totality of the circumstances, the police officer’s search of the Defendant’s home was unreasonable. WHEREFORE, the Defendant prays that the Court will set this matter down for a hearing, and upon hearing order that: 1. Any items seized, observations, or statements made by the Defendant that were obtained from the illegal search be suppressed and barred. 2. All testimony relating to any items seized, observations, and statements made by the Defendant, which were obtained from the
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