For 30811:
Your honor,
To begin, I'd like to ask the court to consider the legality of this Terry Frisk, and to evaluate whether Deputy Storm had a reasonable suspicion for Liberty Bear to be armed and dangerous. Of course, if the frisk was not legal, the knife would not be admissible, so I just wanted to ask the court to provide a ruling on that piece of evidence. Your honor, the defense would also like to assert that there is reasonable doubt as to who slashed the tires, as there is time before Liberty Bear entered the scene that Deputy Storm was inside of the clothing store, and as such would not be able to see any actions performed upon her car to confirm it was Liberty Bear. To the matter of Liberty Bear standing near the rear tire, I believe its plenty reasonable to assume at this point that Liberty was positioned near the rear of the vehicle to speak to the suspect now in the back of Storm's cruiser.
For 30421:
Your honor, before the search of Liberty's person, there is little evidence to suggest he is the culprit. Liberty did not flee, while another man, plainly armed with a chainsaw and showing himself ready to use it, did flee after threatening officers. A frisk for weapons is just that, to remove weapons from the person. The weapon that Liberty had on him, a switchblade and fire axe, are two weapons that are perfectly reasonable for him to possess, and as such the defense reasons that probable cause for the arrest was not created by this search. As such, no search should have been performed, as frisks are to remove weapons from a person and do not give the inherent ability to search every bit of a person, they only serve to remove a weapon. Before the search, Liberty was not under arrest, and as such the search was plainly not incident to an arrest, and is stated so by Deputy Storm in her report to be a direct result of her finding a fire axe and a switchblade on Liberty Bear's person via the frisk.
