IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, :

:

PLAINTIFF, :

:

v. : CIVIL ACTION NO. 2:06cv736-WKW

:

SEVENTY FOUR THOUSAND SEVEN :

HUNDRED ($74,700) DOLLARS IN :

UNITED STATES CURRENCY, :

:

DEFENDANT. :

UNITED STATES’ BRIEF REGARDING

THE HEARING ON CLAIMANT’S MOTION TO SUPPRESS

Comes now the United States of America (United States), by and

through Leura G. Canary, United States Attorney, Middle District of

Alabama, and John T. Harmon, Assistant United States Attorney, and

states as follows:

I. Background.

The court held a hearing on the Claimant’s Motion to

Suppress on September 6, 2007. At that hearing the United States

introduced pictures of items recovered during the search, the

warrants themselves and the testimony of participating officers.

The court allowed additional briefing on the suppression issue to

address the hearing. The three areas covered in the hearing

concerned the arrest of George Jones, the Document Search Warrant

and the Drug Search Warrant.

Each area is addressed below.

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II. Arrest of Claimant George Jones and Evidence/Statements

Obtained Thereafter.

It is undisputed that, upon the approach of law

enforcement officers wearing clothing clearly identifying them as

officers, George Jones fled. He was pursued and during the

pursuit discarded cocaine from his person. This cocaine was

recovered.

The United States respectfully restates the case

citations and argument found in its Response to Motion to Suppress.

The United States will further state that all testimony

introduced at the hearing supports the position taken by the United

States regarding the events around the arrest.

III. Document Search Warrant.

The document search warrant affidavit states that George

Jones was recently involved in drug trafficking and that a large

quantity of United States currency was recently observed in the

residence subject to the warrant. The affidavit further contained

historical allegations that show George Jones was continuously

involved in drug trafficking at that same residence over a long

period of time.

The affidavit also specifically described the

items/evidence that are generated during the course of such long

term drug dealing. Attached to the warrant were very specific

lists of the items to be seized pursuant to the warrant. These

lists clearly limited the evidence/items to seize and the warrant

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was not general in any sense. The items seized during execution of

this warrant were well within the parameters set by the warrant.

Nothing shown on the inventory of the warrant is outside the items

listed to be seized.

Once cocaine was found during execution of the document

search, it was terminated and the officers sought and received a

drug search warrant.

Finally, even if the court finds the warrant was issued

improvidently, it is not so deficient that the “Good Faith

Exception” to suppression is not applicable. See U.S. v. Leon, 486

U.S. 897 (1984).

III. Drug Search Warrant.

The discovery of narcotics during execution of the

document warrant provided ample probable cause for issuance of the

drug warrant.

Even should the court find the warrant deficient the

“Good Faith Exception” applies to the warrant. See U.S. v. Leon,

486 U.S. 897 (1984).

IV. Conclusion.

All evidence in this case was obtained in accordance with

the United States Constitution and should not be suppressed.

Respectfully submitted this 17th day of September, 2007.

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FOR THE UNITED STATES ATTORNEY

 LEURA G. CANARY

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Office of the United States Attorney

Middle District of Alabama

131 Clayton Street

Post Office Box 197

Montgomery, Alabama 36101-0197

Telephone:(334) 223-7280

Facsimile:(334) 223-7560

E-mail: John.Harmon@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on September 17, 2007, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the

following: Bruce Maddox.

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

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