X. MOTION TO SUPPRESS PHYSICAL EVIDENCE SEIZED FROM THE DEFENDANT CUADRA’S VIRGINIA RESIDENCE
58. Cuadra incorporates herein by reference all previous paragraphs as if fully set forth in detail.
59. On or about February 10, 2007, the Police executed a search warrant upon the Defendant Cuadra’s residence located at 1028 Stratem Court, Virginia Beach, Virginia.
60. Pursuant to that search warrant, the police seized various items including, but not limited to, computer equipment.
61. Defendant has a privacy interest and expectation of privacy in his aforesaid
residence.
62. The warrant did not meet with adequate service requirements.
63. The search of the aforesaid residence and its contents in which Cuadra had a reasonable expectation of privacy was illegal in that it was made pursuant to a search and seizure warrant that was invalid and unlawful for the following reasons:
(a) The warrant and the supporting Affidavit of Probable Cause contain material misrepresentations of relevant facts;
(b) . The warrant and the supporting Affidavit of Probable cause fails to specifically describe the property to be seized; rather uses overly broad language. See, Commonwealth v. McEnany, 667 A. 2d 1143, 1148, M.3(Pa. Super. 1995);
(c) The warrant and the supporting Affidavit of Probable Cause fails to state probable cause for a search in that the facts alleged do not establish reasonable grounds to believe that Defendant Cuadra had any involvement in the murder of Bryan Kocis;
(d) The warrant and the supporting Affidavit of Probable Cause fails to allege sufficient facts to enable the issuing authority to independently determine that the alleged information provided by confidential informants/tipsters were reliable;
(e) The warrant and the supporting Affidavit of Probable Cause was based, in part, upon the hearsay statements of confidential informants whose reliability is not established in:the warrant4 the Affidavit of Probable Cause nor does it set forth the prior investigations involving the confidential informants/tipsters;
(f) No probable cause existed to reasonably believe that Cuadra committed a homicide;
(g) Information regarding a possible corrupting motive of the confidential informant’tipster including, but not limited to, supplying information in exchange for leniency on an open case or not filing charges, was not made available to the issuing authority;
(h) The search of the aforesaid premises and seizure of the items permissible under the laws of the United States and Pennsylvania Constitutions; and nor the Affidavit of Probable Cause and were not otherwise subject to seizure under the laws and Constitutions of the United States and Pennsylvania.
64. Cuadra's arrest and the items seized by the Police were the fruits of this illegal search and all evidence seized pursuant to the aforesaid warrant was obtained in violation of Cuadra's rights under the United States and Pennsylvania Constitutions.
WHEREFORE, Defendant believes that said search was conducted in contravention to the U.S. and Pennsylvania Constitutions and respectfully requests this Honorable Court to enter an Order suppressing any and all items seized and their fruit pursuant to the aforesaid search warrant.
58. Cuadra incorporates herein by reference all previous paragraphs as if fully set forth in detail.
59. On or about February 10, 2007, the Police executed a search warrant upon the Defendant Cuadra’s residence located at 1028 Stratem Court, Virginia Beach, Virginia.
60. Pursuant to that search warrant, the police seized various items including, but not limited to, computer equipment.
61. Defendant has a privacy interest and expectation of privacy in his aforesaid
residence.
62. The warrant did not meet with adequate service requirements.
63. The search of the aforesaid residence and its contents in which Cuadra had a reasonable expectation of privacy was illegal in that it was made pursuant to a search and seizure warrant that was invalid and unlawful for the following reasons:
(a) The warrant and the supporting Affidavit of Probable Cause contain material misrepresentations of relevant facts;
(b) . The warrant and the supporting Affidavit of Probable cause fails to specifically describe the property to be seized; rather uses overly broad language. See, Commonwealth v. McEnany, 667 A. 2d 1143, 1148, M.3(Pa. Super. 1995);
(c) The warrant and the supporting Affidavit of Probable Cause fails to state probable cause for a search in that the facts alleged do not establish reasonable grounds to believe that Defendant Cuadra had any involvement in the murder of Bryan Kocis;
(d) The warrant and the supporting Affidavit of Probable Cause fails to allege sufficient facts to enable the issuing authority to independently determine that the alleged information provided by confidential informants/tipsters were reliable;
(e) The warrant and the supporting Affidavit of Probable Cause was based, in part, upon the hearsay statements of confidential informants whose reliability is not established in:the warrant4 the Affidavit of Probable Cause nor does it set forth the prior investigations involving the confidential informants/tipsters;
(f) No probable cause existed to reasonably believe that Cuadra committed a homicide;
(g) Information regarding a possible corrupting motive of the confidential informant’tipster including, but not limited to, supplying information in exchange for leniency on an open case or not filing charges, was not made available to the issuing authority;
(h) The search of the aforesaid premises and seizure of the items permissible under the laws of the United States and Pennsylvania Constitutions; and nor the Affidavit of Probable Cause and were not otherwise subject to seizure under the laws and Constitutions of the United States and Pennsylvania.
64. Cuadra's arrest and the items seized by the Police were the fruits of this illegal search and all evidence seized pursuant to the aforesaid warrant was obtained in violation of Cuadra's rights under the United States and Pennsylvania Constitutions.
WHEREFORE, Defendant believes that said search was conducted in contravention to the U.S. and Pennsylvania Constitutions and respectfully requests this Honorable Court to enter an Order suppressing any and all items seized and their fruit pursuant to the aforesaid search warrant.
