DISTRICT OF COLUMBIA :

Libellant, :
:                                                                                                                         Civil Action No.
v. : CA-3256-87
:
ONE 1980 BLUE JAGUAR :
SERIES XJ53 Ser.#JBALW4BC110539:
(Michael A. Smith, Respondent) :

The respondent, through undersigned counsel, respectfully moves this Court, pursuant to One 1958 Plymouth Sedan v. Commonwealth of Pennsylvania, 380 U.S. 693 (1965) and the Fourth Amendment to the United States Constitution, to suppress as evidence against him all statements made by him and all items of property seized during the stop and search of his automobile on February 17, 1987. As grounds for this motion, respondent states the following:

1. On February 17, 1987, the respondent, Michael Smith, was driving his Jaguar when he stopped at a red light in the area of 58th Street and East Capital Street. A police car pulled up behind him. When the traffic light turned green and Mr. Smith began to pull off, the police officer turned on his flashing lights signalling him to pull over. He pulled over.

2. When the officer (Officer Meehan) approached, Mr. Smith asked why he was pulled over. The officer said it was because his (red rejection) inspection sticker had expired. It had not in fact expired. Mr. Smith told Officer Meehan that the sticker had not expired and asked him to look at the sticker and see for himself. The officer did not attempt to look at the sticker, but instead told him to show him his license and registration. Mr. Smith started looking for his license and registration. While he was looking, he heard a report over the officer's walkie talkie that the car was not stolen. When he did not find the license and registration in his glove compartment, he started to look in a gym bag which was in the front passenger seat of the car. When he started to unzip the bag, the officer ordered him to put the gym bag where he could see it and get out of the car and put his hands on the car. Mr. Smith did as he was told.

3. After he got out of the car and put his hands on the roof he told Officer Meehan he was sure that he had his license somewhere in the car, and that it might be in the trunk. Officer Meehan told him to open the trunk. After he opened the trunk, Officer Meehan ordered him to step back from the trunk. Another officer who had just arrived told him to put his hands on the roof of the car. When he did, Officer Meehan began searching through the trunk. Mr. Smith said "you can't do that, you don't have a warrant to search my trunk." At that point he stopped searching the trunk and began searching Mr. Smith's person, while the other officer held Mr. Smith by the collar of his coat. The first time they searched Mr. Smith they did not find anything. Meehan then began searching the car, while the other officer held him against the car with his hands extended in front of him. Officer Meehan searched him again and found one PCP cigarette on Mr. Smith's person. They told him he was under arrest for possession with intent to distribute PCP because, they said, they had found money, and some "drug tools" and several tinfoils of PCP inside the gym bag.

4. At the time the car was stopped the officer had neither probable cause nor reasonable articulable suspicion to believe a crime had been committed. There was no odor of PCP in the car. The red inspection sticker, which indicated that the vehicle had failed inspection, had not expired yet. The stop and arrest occurred on February 17, 1987. The expiration date on the sticker was February 23, 1987. (See exhibit A, attached.)

5. The respondent's inability to produce a driver's license did not give rise to probable cause to arrest. The officers did not give the respondent sufficient time to find the permit before placing him under arrest. Furthermore, the police ran a WALES check and determined that the car was not stolen.

6. Mr. Smith did not consent to the search.

WHEREFORE, for the above reasons and any other reasons as may arise upon a hearing of this motion, respondent respectfully requests that the evidence seized and statements made as a result of the illegal stop and search of his automobile and person be suppressed.
 

                                                                                                                Respectfully submitted,
 

                                                                                                                _________________________
                                                                                                                Brenda Grantland
                                                                                                                 419 7th Street N.W.
                                                                                                                 Suite 401
                                                                                                                Washington, D.C. 20004
                                                                                                                (202)393-8398

I hereby certify that a copy of the foregoing motion, points and authorities and order was served, by hand, upon Assistant Corporation Counsel Jeffrey Ford, 451 Indiana Ave. N.W., Suite 300, Washington, D.C. 20001, this ____ day of _________________________, 1988.
 
 

                                                                                                                    _________________________
                                                                                                                    Brenda Grantland