On September 30, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
State Of Ohio,
and
Eric Demetrus Chase,
for 30-SEP-11
in the District Court of Montgomery County.
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IN THE MONT RD MERY COUNTY COMMON PLEAS COURT
State of Ohio : Case No. 11 CR 3364
Plaintiff,
Judge Gregory Singer
-Vs-
: MOTION TO SUPRESS
Eric Chase : STOP, DETENTION, SEARCH
: OF THE VEHICLE AND
Defendant. : STATMENTS
Now comes Defendant, Eric Chase by and through counsel, and moves this honorable
court to suppress all of the evidence in this case, in that it was unlawfully obtained due to the
police not having cause to stop and detain Mr. Chase. Additionally the statements obtained from
Mr. Spencer were done in violation of his rights.
The police had no reason to stop and detain Mr. Chase. In order to seize an individual the
police must have probable cause to arrest a person for a crime. Florida v. Royer (1983), 460
US. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229. In the case at bar the police did not have probable
cause to stop Mr. Chase therefore the stop and dentition and search are in direct violation of Mr.
Chase’s Constitutional rights. Thus any evidence obtained after the stop must be suppressed.
Additionally the police had no justification to search the vehicle Mr. Chase was a passenger in.
The statement made by Mr. Chase was taken in violation of his Miranda rights. A suspect
must knowingly, intelligently and voluntarily waive his Miranda rights. The burden is on the
prosecution to prove by a preponderance of evidence that a defendant waived his Miranda rightsvoluntarily, knowingly, and intelligently. Colorado v. Connelly (1986), 479 U.S. 157, 168, 107
S.Ct. 515, 522, 93 L.Ed.2d 473, 485. In the case at bar Mr. Chase did not knowingly and
voluntarily waive those rights.
For the above going reasons, Mr. Chase requests this honorable court to suppress all of
the evidence against him.
Respectfully subrpitted,
130 W. Second Street, Suite 1600
Dayton, Ohio 45402
(937) 367-8858
(937) 222-7911 - fax
Document Filed Date
November 21, 2011
Case Filing Date
September 30, 2011
Status
913 HILE LANE, ENGLEWOOD, OH 45322
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