STATE OF CONNECTICUT : SUPERIOR COURT, G.A. 18
VS. : January 12, 2006
Christopher Seekins
MOTION TO DISMISS
Pursuant to the Fourth Amendment of the Constitution of the United States the defendant respectfully moves the Court to dismiss the information against him on the following grounds:
1. That the arrest was not founded upon probable cause existing in the circumstances at the time of arrest, or was otherwise illegal, unconstitutional or unlawfully executed;
2. That the affidavits relied upon for the issuance of the arrest warrant were insufficient or otherwise failed to set forth sufficient facts from which a detached and neutral magistrate could make a determination of probable cause;
3. The defendant was illegally and unlawfully restrained out side his residence at 24 High Street Winsted , CT 06098 for a unreasonable length of time of over four hours while the search warrant was obtained.
4. The law enforcement officers and mental health worker came on the property illegally and unwelcome as the defendant was dismissed from the programs supervision the day prior being October 19th, 2005.
5. The law enforcement officer is not certified to smell nor did he smell any illegal odor coming from the house over the Italian restaurants cooking lunch at the time of the unconstitutional visit.
6. Any evidence alleged was found behind a locked door with out a separate warrant being obtained allowing the search the area.
7. The town drug dog was never called in to evaluate the odor as standard procedure would designate.
WHEREFORE, the Defendant respectfully moves the Court to dismiss the information against him.
Christopher Seekins
ORDER
The forgoing motion having been heard, it is hereby
ORDERED: GRANTED / DENIED
THE COURT
By: .
Judge / Assistant Clerk
C E R T I F I C A T I O N
THIS IS TO CERTIFY that on this 12th day of January, 2006 a true copy of the forgoing Motion was hand delivered to the Office of the State’s Attorney, 80 Doyle Street, Bantam CT
.
Christopher Seekins