UNITED STATES DISTRICT COURT
FOR THE __________ DISTRICT OF _______________
United States of America
Plaintiff
v.
Criminal Docket No. 07-007
Daniel McPherson,
Defendant
OPPOSITION TO DEFENDANT'S MOTION TO SUPPRESS EVIDENCE
The United States Government, through the Assistant U.S. Attorney, moves this court for an order denying the Defendant's, Daniel McPherson's, motion to suppress as evidence all property seized by federal agents from defendant's premises located at 115 Northwood Drive, East Town, (name of state) during a search of Defendant's premises on Friday, 28 April 2006, on the following grounds:
- In the case of United States v. Leon, 468 U.S. 897 (1984), the U.S. Supreme Court rejected calls for "the indiscriminate application" or the exclusionary rule, supra at 908, and stated that the rule would only be applied "where its deterrence benefits outweigh its ‘substantial social costs.'" supra at 907.
- The Government acknowledges that Federal Bureau of Investigation (FBI) agents Lisa Donald and Ryan Smith failed to "knock and announce" their presence while conducting a search on the Defendant's premises on 28 July 2006, in violation of the U.S. Supreme Court's command that such action was constitutionally required. Wilson v. Arkansas, 514 U.S. 297 (1995).
- No deterrent effect would occur as the result of suppressing evidence in this case. The evidence was discovered during the execution of a validly authorized search warrant. The "knock and announce" rule was meant to protect the individuals and property from the potential harms that can occur during announced police searches, as laid out in Point 3 of the Defendant's motion. It was not meant to provide criminals with a means to prevent evidence from being discovered and used at trial. The Defendant did not allege that any harm arose to himself, his property, or others as a result of Agents Lisa Donald and Ryan Smith's failure to "knock and announce" their presence.
Conclusion: Without any distinct harm arising to the Defendant as a result of Agents Donald and Smith's failure to "knock and announce" their presence while conducting a search otherwise authorized by a valid search warrant, the deterrent effect of suppressing the narcotic evidence gathered from the Defendant's premises would not outweigh the substantial social costs of preventing the Government from prosecuting a trial against the Defendant, an individual whom the Government has probable cause to believe engaged in several criminal narcotics activities. Therefore, the Defendant's Motion to Suppress must be DENIED.
This motion is based on all files and records of this case, and any evidence that may be adduced at the hearing on the motion.
Dated ___________________
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|
__________________________
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I certify that a copy of this reply was delivered to the Court and opposing counsel on
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________________________. (Server)
List of Authorities
Cases
- Wilson v. Arkansas, 514 U.S. 927 (1995).
- United States v. Leon, 468 897, 907 (1984).