Motion to Suppress - Search not incident to arrest

COMMONWEALTH OF MASSACHUSETTS

V.

DEFENDANT

MOTION TO SUPPRESS

The defendant moves, pursuant to Mass. R. Crim. P. 13, the Massachusetts Constitution, Declaration of Rights Article 14 and the United States Constitution Amendments 4 and 14 to suppress evidence seized in a search conducted [number of minutes] post arrest. The search, “was simply too far removed, physically and temporally, from the defendant’s arrest to be considered a contemporaneous search incident to arrest.” Com. v. Pierre, 453 Mass. 1010, 902 N.E.2d 367 (2009) (citations omitted).

By Defendant’s Attorney,

_______________
Marvin Cable
BBO#: 680968
Law Offices of Marvin Cable
P.O. Box 1630
Northampton, MA 01061
E: law@marvincable.com
P: (413) 268-6500
F: (888) 691-9850

Dated: ________