STATE OF GEORGIA

IN THE INTEREST OF:   * CASE NO. 000-96J-00000

                      *

CLYDE CALHOUN,        * FILE NO. 950000000

A CHILD               *

MOTION TO SUPPRESS

COMES NOW the above named Child and files this his motion to suppress illegally obtained evidence, and shows the Court the following facts:

1. That on______________ about 1:00 P.M., said child was walking near an apartment complex with several friends.

2. Said child was not violating any laws or ordinances and was stopped, searched and taken into custody by officer Brewer for the sole reason that a manager of the apartment complex had reported that "several subjects were striking matches and possibly attempting to set afire to something", according to the police report.

3. Said child made no attempt to conceal himself or avoid the officer and was not behaving suspiciously.

4. According to the police report, the officer "check(ed) all subjects for weapons and contraband" then "walked all subjects back to the direction they came from".

5. After "walking them back in the direction that they had come from", the officer picked up a green tennis ball, opened it and found suspected crack cocaine. The police officer charged Calhoun with a Violation of the Georgia Controlled Substances Act because "one of the subjects wearing dark clothing was bouncing the ball".

6. The stop,search, and warrantless taking into custody of said child were in violation of Defendant's rights under the Fourth and Fourteenth Amendments of the United States Constitution and comparable provisions of the Georgia Constitution.

7. Suspected drugs were the fruits of these constitutional violations.

WHEREFORE, Defendant prays for an order suppressing any article, thing, or testimony obtained as a result of the illegal stop and tainted search and seizure of Defendant and for such other relief as the Court may deem proper.

Respectfully submitted:

Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that I have duly served a copy of the foregoing Motion To Suppress on __________, Assistant Solicitor, __________ County Juvenile Court, ________, GA 30

This ______day of ________, 20 .

Attorney for Defendant

IN THE SUPERIOR COURT OF __________ COUNTY

STATE OF GEORGIA

STATE OF GEORGIA       *

                       *

vs.                    * INDICTMENT NO.

                       * 96CR0000

MITCH MITCHELL,        *

DEFENDANT              *

MOTION TO SUPPRESS

COMES NOW, defendant’s name, Defendant in the above-styled case, and moves this Court for an order suppressing certain evidence seized on or about _____________, and in support thereof respectfully shows the Court as follows:

1.

On _____________, Defendant was arrested in __________ County, Georgia, and charged with Violation of the Georgia Controlled Substances Act. The warrant charged that Defendant had in his possession and control a quantity of methamphetamine.

2.

The search of defendant’s residence., a rear basement apartment, identified in his lease as "0000 A North Ave." and in utility records as "rear" or "basement" apartment, which produced the evidence in question, was conducted wholly without any valid Constitutional basis, thereby depriving the Defendant of his rights to due process as guaranteed by the fourth and Fourteenth Amendments of the Constitution of the United States, and the comparable provisions of the Georgia Constitution.

3.

The search warrant filed in the case at issue was illegally executed in that it refers on its face to a separate apartment in the building where Defendant’s apartment is located.

4.

No exigent circumstances existed that would allow a warrantless search of the residence of Defendant.

WHEREFORE, Defendant prays for an order suppressing any article, thing, or testimony obtained as a result of the illegal search and seizure of Defendant and for such other relief as the Court may deem proper.

Respectfully submitted:

__________________________

Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that I have duly served a copy of the foregoing Motion To Suppress on _______________, Assistant District Attorney, ____________ Judicial Circuit, ___________________, GA 30----.

This ______ day of March, 20 .

______________________________

Attorney for Defendant