Additional Motions

Motion for Probable Cause Hearing and Suppression of Evidence Based on Fourth Amendment Violations

Consistent with arguments presented in State v. Cockburn regarding similar circumstances, the defense will move for an evidentiary hearing to review the probable cause underlying the search and seizure in this matter. We will further argue that the evidence obtained should be suppressed due to violations of Mr. Chill's Fourth Amendment rights.

Items we would like to bring to the attention of the court:
Challenge to Exigency and the Initial Search Warrant: The initial search warrant targeted firearms specifically owned by Mr. Chill. A firearm lacking a serial number was discovered on Mr. Chill's person during his arrest, this weapon was not registered to him. This fact significantly undermines the asserted exigency for the raid and casts serious doubt on the likelihood that Mr. Chill possessed firearms connected to his name within the premises. This discrepancy should be given substantial weight in evaluating the validity of the exigency finding.

Fourth Amendment Violation - Unlawful Search of Private Property: The Fourth Amendment safeguards individuals from unreasonable searches and seizures in areas where a reasonable expectation of privacy exists. While common areas in apartment buildings may generally have a lower expectation of privacy than a private dwelling, they are not entirely devoid of Fourth Amendment protection, particularly within the context of private property. Eclipse Towers, owned entirely by Dynasty 8, constitutes private property. Unlike the publicly accessible hotel at the mall, the elevators within Eclipse Towers serve primarily the residents, with access remaining open to facilitate property sales – a temporary condition that does not negate the building's private nature. At the time of the incident, all properties on the 8th floor were owned by Mr. Chill, indicating a high degree of possessory interest and expectation of privacy in that specific area.

Trespass and Revocation of Implied License: While an Officer like Elmer Quirk might possess an implied license to enter common areas for specific, legitimate purposes, this license is unequivocally revoked when their actual purpose contravenes the intended use of the area or infringes upon the residents' privacy. We accept that police officer's have a limited right to approach a private residence to knock – a right that does not extend to unwarranted intrusion or surveillance which were Elmer Quirk's actions. These actions exceeded the scope of any implied license and constituted a trespass. The principles articulated in Florida v. Jardines and United States v. Carloss, support the argument that unauthorised and intrusive presence on private property, beyond the scope of a legitimate purpose, violates the Fourth Amendment.

Notice of Entry

Theodore Lars entering.

Notice of Pre-Trial Hearing
We will be scheduling a Pre-Trial Hearing to hear motions to Strike Evidence. This motion to strike seems to apply to several cases so it will require us meeting in person, and likely be critical to many charges involved. We will NOT be determining guilt of charges involved, even automatically dismiss possession charges at the time of the hearing. This is because some charges still can apply even if evidence is struck, and defendants are currently scheduled for separate trials and I do not wish to force them to have shared interest. The State may wish to drop charges afterwards, otherwise defense can make follow up motions to dismiss, depending on the outcome.

@Ferst Temple @Benjamin Law | Dave Johnson
Please list All your clients to whom this hearing will apply. Please add witnesses and evidence RELEVANT to the search and seizure of the evidence you wish to strike.

@Elmer Quirk
Please also list your witnesses and evidence relevant to why the search took place and the evidence collected.

@Court Clerks Scheduling to begin for this Pretrial Hearing. We will need Quirk, Benjamin Law, and Ferst at minimum. Hopefully not too many extra witnesses.

Witnesses will be fully questioned by the court within the scope of information relevant to the search. Each lawyer will be able to give context of evidence and given a opportunity to present a summary argument at the end of the hearing for this decision, per a normal motion rebuttal.

Discovery for this pre-trial hearing will close 8 hours before the Pre-Trial hearing due to wanting it to be scheduled sooner than later. Let me know if you need more time. Get availability ASAP. I will be accepting Officer Statements if they were a timely made recollection of events, part of a regular police report, or another hearsay exception. They will be weighed accordingly but this will allow us easier time scheduling, I still want at minimum the officer who made the call there to be cross examined.

I have filed a Subpoena for this information, but I will also be filing the same request here. All of the requested information will be required for helping prepare for the pre-trial.

Motion to Produce

  • Firearm Purchase History of Snowman Chill
  • Firearm License removal history, including the specific date in question
  • All Arrest Reports and Investigations mentioned in the Search Warrant in Investigation #4567 listed below
    #21535, #14873, #14661, #14594, #21548, #21159, #19514, #19257, #19018, #18696, #14449
  • The last five arrest reports for Mr Chill (and noted which numbers specifically).

    Head Clerk Blake Moore I'm willing to get my stuff out of the way this weekend if needed to get things moving and we do Mr Law next weekend.

      7 days later

      Theodore Lars I'm planning to be available/around from what I believe is 8pm EST today so yes I'm available after that time onwards with notice

        NOTICE OF ENTRY

        Attorney General Uriel Whitlock entering for the State in this matter.

        Can be available as needed.

        @Attorney General Uriel Whitlock @Ferst Temple @Elmer Quirk
        I will not be available next weekend due to unavoidable circumstances.

        We need a time from the AG (who seems to be available anytime) and Quirk so we can have the hearing. We need it ASAP.

        @Judges This is a case needing a pre trial hearing that will affect multiple cases dealing with a raid. I may need a substitute if it must occur over the weekend or during normal working hours.

        @Head Clerk Blake Moore Notice due to the hiccup we had trying to meet this week. Can we get another link?

        I will note to be prepared for this pre-trial I do really need the above motion to produce to be judged upon so I have access to the requested documents to further prepare.