VIII. MOTION TO SUPPRESS ELECTRONICALLY RECORDED STATEMENTS AND CONVERSATIONS AT BLACK’S BEACH
37. Defendant incorporates by reference the allegations contained in Paragraphs 1-36, inclusive of this Motion as if same were filly set forth herein at length.
38. On April 27, 2007 and April 28, 2007, the police conducted electronic surveillance of Defendant Cuadra and electronically recorded conversations and statements of Cuadra at Blacks Beach in California.
39. The aforesaid interception, seizure and electronic recording of Cuadra’s conversations and statements was unlawful, invalid and in violation of Cuadra’s rights under the United. States and Pennsylvania Constitutions and the laws of the Commonwealth of Pennsylvania.
40. Any evidence obtained as fruits of that illegal interception and seizure of the Defendant’s conversations and statements should also be suppressed as “fruit of the poisonous tree”.
WHEREFORE, the Defendant, Harlow Cuadra, respectfully requests this Honorable Court to enter an Order suppressing any and all electronically recorded statements of the Defendant and any and all evidence and investigative leads derived and/or obtained there from.
37. Defendant incorporates by reference the allegations contained in Paragraphs 1-36, inclusive of this Motion as if same were filly set forth herein at length.
38. On April 27, 2007 and April 28, 2007, the police conducted electronic surveillance of Defendant Cuadra and electronically recorded conversations and statements of Cuadra at Blacks Beach in California.
39. The aforesaid interception, seizure and electronic recording of Cuadra’s conversations and statements was unlawful, invalid and in violation of Cuadra’s rights under the United. States and Pennsylvania Constitutions and the laws of the Commonwealth of Pennsylvania.
40. Any evidence obtained as fruits of that illegal interception and seizure of the Defendant’s conversations and statements should also be suppressed as “fruit of the poisonous tree”.
WHEREFORE, the Defendant, Harlow Cuadra, respectfully requests this Honorable Court to enter an Order suppressing any and all electronically recorded statements of the Defendant and any and all evidence and investigative leads derived and/or obtained there from.
