Case Document 17 Filed 03/31/10 Page 1 of 3 PageID 25 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION UNITED STATES OF AMERICA CRIMINAL NO.: 10-00024 VERSUS JUDGE JAMES RILEY DANTZLER MAGISTRATE JUDGE HAYES MOTION TO SUPPRESS ILLEGALLY OBTAINED EVIDENCE AND STATEMENTS BY DEFENDANT NOW INTO COURT, through undersigned counsel, comes Defendant, RILEY DANTZLER, who with full reservation of all rights under any and all articles, rules, motions, proceedings, pleas or pleadings, heretofore ?led, or hereinafter to be ?led in this prosecution, and fully reserving the rights to further move, demur, plead, answer or otherwise respond to the bill of indictment in these proceedings, and pursuant to Rules 12(b) and 41(h) of the Federal Rules of Criminal Procedure, respectfully moves this Honorable Court to suppress the following evidence seized as a result of an illegal stop and warrantless search of Mr. Dantzler?s vehicle, on or about December 11, 2010: All contraband, including, but not limited to cocaine, cocaine base (crack), MDMA, a ?rearm and United States Currency. As grounds for the above motion, Mr. Dantzler states that the search of the aforementioned vehicle and the seizure of the above speci?ed articles of evidence, were done pursuant to an illegal warrantless search, without lawful consent. Further, Mr. Dantzler respectfully moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, to suppress as evidence against him, in the prosecution's case in chief, as rebuttal evidence, or as impeachment evidence, Case Document 17 Filed 03/31/10 Page 2 of 3 PageID 26 all statements of any nature obtained from him by government agents. As grounds for this aspect of his motion the defendant states: I. The search was initiated without probable cause, and the order issued by the 4m Judicial District Court of Louisiana, ordering On?Star, or General Motors, to assist law enforcement with locating Mr. Dantzler ?s vehicle as it travelled from Houston, Texas, to Bastrop, Louisiana, went beyond the jurisdiction of that court; The a?idavit in support of the application for the aforementioned order was ?awed in that it made no mention of attempts by law enforcement to veri?) the confidential informant 19 claims of illegal activity by Mr. Dantzler, nor did it show that it had exercised due diligence to locate Mr. Dantzler through other methods; The stop of Mr. Dantzler ?3 vehicle was initiated without probable cause; Defendant was detained by law enforcement without reasonable suspicion to believe that he was engaged in criminal activity; and Any consent given by Defendant during this illegal detention (arrest) was involuntary WHEREUPON this Defendant prays: That the Court permits the ?ling of this motion and that it be ?xed for hearing contradictorily with the Assistant United States Attorney; That after due proceedings had, and hearing upon the motion, this Court accord to mover his rights, privileges and immunities as set forth hereinabove and as provided by the Constitutional and Statutory provisions, and interpretive jurisprudence, enumerated and discussed hereinabove and Within the attendant memorandum of law, and that this Honorable Court exclude and suppress from the evidence upon the trial of this case, any and all physical evidence of every kind, nature and description obtained, extracted or secured from defendant or the premises described herein, on the date mentioned above; (0) That all non-contraband evidence seized during said search be returned to Mr. Dantzler, or to its lawful owner; That any statements made by Mr. Dantzler subsequent to the stop be suppressed; and Case Document 17 Filed 03/31/10 Page 3 of 3 PageID 27 Defendant also moves the Court to suppress the oral testimony of any and all persons regarding the seizure of the aforesaid contraband and/or property, and his statements to, or in the presence of, Government agents; and For all orders and decrees necessary and proper in the premises, and for all such additional relief as the law and the nature of the case and equity may permit. Respectfully submitted: THE DORAN LAW FIRM Pride J. Doran, #25035 pride@doranlawfirm.com 2410 Jake Drive, Suite 1 (70570) P.O. Box 2119 Opelousas, LA 70571 Phone: (337) 948-8008 Fax: (337) 948-0098 CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing was forwarded to all counsel of record Via electronic ?ling this 31St day of March, 2010. PRIDE J. DORANH 25035 Case Document 17-1 Filed 03/31/10 Page 1 of 1 PagelD 28 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION UNITED STATES OF AMERICA CRIMINAL NO.: 10?00024 VERSUS JUDGE JAMES RILEY DANZTLER MAGISTRATE JUDGE HAYES ORDER CONSIDERING THE FOREGOING: IT IS ORDERED that Defendant?s Motion to Suppress be ?xed for hearing contradictorily with the United States on the 26th day of April, 2010, at o?clock, THUS DONE AND SIGNED at Louisiana on this day of 2010. JUDGE Case Document 17-2 Filed 03/31/10 Page 1 of 3 PagelD 29 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION UNITED STATES OF AMERICA CRIMINAL NO.: 10-00024 VERSUS JUDGE JAMES RILEY DANTZLER MAGISTRATE JUDGE HAYES MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS MAY IT PLEASE THE COURT: Factual Background Riley Dantzler was targeted by the North Louisiana Drug Enforcement Bureau and the FBI among other subjects suspected of distributing large amounts of crack cocaine in Bastrop, Louisiana. On Dec. 8, 2009, Lt. Chris Balsamo of the NLEDB obtained information that Mr. Dantzler was then driving a Chevrolet Tahoe rental car, owned by Enterprise leasing, and equipped with OnStar (GPS Tracking System). On Dec. 10, 2009, Lt. Balsamo obtained a warrant from the 4th Judicial District Court, State of Louisiana, which effectively ordered OnStar to assist law enforcement with locating the car Mr. Dantzler was supposed to be driving. Using OnStar, NLEDB ?followed? Mr. Dantzler?s activities from Houston, into Quachita Parish. Once Mr. Dantzler arrived in Quachita Parish, he was stepped, without ?probable cause?, and without a warrant. The subsequent search revealed cocaine, ecstasy, money and a gun. Argument It is well settled that the jurisdiction of Louisiana state courts does not extend beyond their boundaries. The order issued by the state court judge was illegal both in that it attempted to exercise more jurisdiction than it had, and in that it authorized a search for Mr. Dantzler?s vehicle that went Case Document 17-2 Filed 03/31/10 Page 2 of 3 PagelD 30 beyond simply enhancing other means of visual surveillance already available to law enforcement, and is thus a violation of his 4th Amendment right against unreasonable searches. At the hearing of this matter, Mr. Dantzler will also demonstrate the following: a. that the af?davit in support of the state court motion does not contain any information that law enforcement exercised due diligence in its efforts to substantiate the information obtained from the con?dential informant, or that it used other methods to locate and apprehend Dantzler; b. That the step of Mr. Dantzler?s vehicle was initiated without probable cause; and c. That Mr. Dantzler was detained without reasonable suspicion to believe that he was engaged in criminal activity. For these reasons and those stated within the attendant motion and to be presented at oral argument, Mr. Dantzler?s motion should be granted. CONCLUSION For the reasons submitted above, and others, Defendant?s Motion to Suppress said evidence must be GRANTED. Case Document 17-2 Filed 03/31/10 Page 3 of 3 PagelD 31 Respectfully submitted: THE DORAN LAW FIRM Pride J. Doranl #25035 2410 Jake Drive, Suite 1 (70570) PO. Box 2119 Opelousas, LA 70571 Phone: (337) 948-8008 Fax: (337) 948-0098 CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing was forwarded to Counsel for the Government Via electronic ?ling this 31St day of March, 2010. PRIDE J. DORAN, 25035 pride?bdoranlaw?rmcom