Court Memorandum of Law
Criminal Trial Court of
Massachusetts
STATE OF MASSACHUSETTS,
Prosecution,
V. Cruz Estrada,
Defendant.
MEMORANDUM IN SUPPORT OF DEFENDANT
ESTRADA’S MOTION TO SUPRESS Defendant Cruz Estrada submits this memorandum of law in support of defendant’s motion to suppress the evidence seized from the defendant’s purse and to suppress the evidence collected from the audio recording of Cruz Estrada’s conversation with Luis Briones.
Questions Presented:
1. Was Cruz Estrada’s Fourth Amendment right against unreasonable search and seizure violated when Officer Green grabbed Cruz Estrada’s purse from her shoulder and searched it without her consent, and can the evidence found in Cruz Estrada’s purse be suppressed due to the search being impermissible?
2. Did the impermissible search of Cruz Estrada’s purse cause her to make incriminating statements during her recorded conversation with Luis Briones in the back of the officer’s patrol car and can this tape recorded conversation be suppressed on these grounds?
FACTS Cruz Estrada (hereon known as Estrada) was riding with her friend, Luis Briones (hereon known as Briones), when Briones' car was pulled over by Officer Green. They were traveling south on I-95 toward Miami to visit friends. Officer Green said he had stopped the car because they were speeding. Officer Green stood at the window on the driver's side and asked for Briones' license and car registration. While Briones searched his wallet for the documents, Officer Green noticed a glass vial containing small kernels of an off-white substance in Briones’ lap. Believing the vial to contain crack cocaine, the officer announced that he was seizing it. He asked Briones and Estrada to exit the car and asked Briones for his wallet. Estrada got out of the car with her purse strap slung over her shoulder. Officer Green approached her and said, "You don't mind if I search
Massachusetts
STATE OF MASSACHUSETTS,
Prosecution,
V. Cruz Estrada,
Defendant.
MEMORANDUM IN SUPPORT OF DEFENDANT
ESTRADA’S MOTION TO SUPRESS Defendant Cruz Estrada submits this memorandum of law in support of defendant’s motion to suppress the evidence seized from the defendant’s purse and to suppress the evidence collected from the audio recording of Cruz Estrada’s conversation with Luis Briones.
Questions Presented:
1. Was Cruz Estrada’s Fourth Amendment right against unreasonable search and seizure violated when Officer Green grabbed Cruz Estrada’s purse from her shoulder and searched it without her consent, and can the evidence found in Cruz Estrada’s purse be suppressed due to the search being impermissible?
2. Did the impermissible search of Cruz Estrada’s purse cause her to make incriminating statements during her recorded conversation with Luis Briones in the back of the officer’s patrol car and can this tape recorded conversation be suppressed on these grounds?
FACTS Cruz Estrada (hereon known as Estrada) was riding with her friend, Luis Briones (hereon known as Briones), when Briones' car was pulled over by Officer Green. They were traveling south on I-95 toward Miami to visit friends. Officer Green said he had stopped the car because they were speeding. Officer Green stood at the window on the driver's side and asked for Briones' license and car registration. While Briones searched his wallet for the documents, Officer Green noticed a glass vial containing small kernels of an off-white substance in Briones’ lap. Believing the vial to contain crack cocaine, the officer announced that he was seizing it. He asked Briones and Estrada to exit the car and asked Briones for his wallet. Estrada got out of the car with her purse strap slung over her shoulder. Officer Green approached her and said, "You don't mind if I search