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E.D.Pa.: Tacky language in a motion to suppress gets a rebuke from the judge

By John Wesley Hall, Jr.

Defense counsel's unjustified language deriding the police in a motion to suppress gets a rebuke from the judge. This was a question of fact on whether the officers should be believed in whether it was a valid consent search, and the court believes the officers. United States v. Perez, 2010 U.S. Dist. LEXIS 3462 (E.D. Pa. January 15, 2010): Relying on unjustified innuendo and the stylistic devices of aporia and rhetorical questioningN1 rather than evidence or logic, counsel for Defendant Juan Perez seeks to suppress the critical physical evidence gathered for use against Mr. Perez in this prosecution for violation of 21 U.S.C. § 841(a)(1),(b)(1)(D) Possession with Intent to Distribute Marijuana; 18 U.S.C. § 924(c)(1) Possession of a Firearm in Furtherance of a Drug Trafficking Offense; and 18 U...continue to full post

Full post as published by Fourth Amendment on January 22, 2010 (boomark / email).