MOTION TO SUPPRESS

On behalf of Mr. Paul Rose. Explain in details with cases and why

Illegal search and seizure

Identify the issue;

The evidence you would like suppressed, and explain why.

"You practice criminal defense, don't you? Well, I'm a criminal. And I need a defensea good one tooso you're my Huckleberry." Although you had only come to meet with Paul Rose at a friend's insistence and hoped to beg off the case, you leave with a new client. Unfortunately the observation of Paul Rose is only too truehe needs a very good defense.

Paul's legal trouble began early in his life, and took a turn for the worse when it took three teachers and a police officer to handcuff Paul after he had assaulted his teacher, managing to set fire to her hair with a lighter. Needless to say Paul never returned to school, and he spent his teenage years in and out of "the system," first in juvenile detention centers and later in penitentiaries. If there are kudos to be given in such a life of crime, perhaps they would be for his honesty when apprehendedunder questioning Paul admitted his involvement in every crime. "A man stands up for the things he's done," explains Paul.

But apparently such "stand[ing] up" doesn't include dying, which is what Paul now faces. He will soon face trial for the rape and murder of Stella Banks, a 38-year-old mother of three who took time from her day job as an investment analyst to help at a shelter Paul often frequented. According to police, Banks was killed on June 21, 2018, the cause of death being "multiple stab wounds with a small knife." Detective Nelson, a thirty-year veteran, was assigned to the case.

Nelson first considered Paul a suspect when the department received a phone call on June 23 stating "Hello. You don't need to know who this is. But Paul Rosehe's as low as they comehe's your man." Nelson didn't know any "Paul Rose," but upon running his name in the department database he found Paul Rose was currently on probation for threatening a supermarket teller and stealing some lottery tickets. Nelson met with Paul's probation officer, who assured him "Rape and kill a mother of three with a small knifeof yeah, Paul's capable of that."

The two drove to Paul's apartment together. As they approached the apartment someone matching Paul's description made brief eye contact and fled. "Let 'em go," stated Nelson"we'll have plenty of time to talk to him later." Receiving no response to their knock, they jimmied the lock to Paul's apartment and had a look around. They didn't find Paul or any obviously useful evidence, but they seized his computer"We'll get a warrant and take a lookscum like this is sure to have something on the computer," stated Nelson. A later search of the computer pursuant to a search warrant revealed a dossier on Banks that Paul had apparently compiled from data available on the Internetname, address, photograph, employer, etc.that the government intends to introduce at trial.

Nelson did have time to talk to Paul later. On July 4th Paul was a passenger in a vehicle that was stopped for speeding by Officer Chavez. After booking, Paul was questioned by Chavez. Chavez began by reading Paul his rights from a "Miranda" card and then ensured that Paul understood those rights. Paul waived them by signing a standard waiver form. The next morning, on July 5th, Paul was taken before a magistrate. The magistrate also advised Paul of his Miranda rights and set bail at $25,000. Later that day Officer Chavez once again had Paul brought to the interrogation room where he Mirandized Paul and asked some follow-up questions which Paul answered.

On the way back to his cell Paul happened to pass the office of Detective Nelson, who was interviewing a witness to the Banks murder. Nelson stated "Get a good look at that guy," upon which the witness watched Paul walk past. Nelson then continued his interview of the witness, who is expected to testify at trial.

You are representing Paul in his prosecution for the murder of Banks.