State of Maine v. Darboe

STATE OF MAINE KENNEBEC CRIMINAL DOCKET
KENNEBEC, ss LOCATION: AUGUSTA
DOCKET NO: KENCD-CR-19-478

STATE OF MAINE

V. MOTION TO SUPPRESS EVIDENCE

GIBRIL DARBOE

Now comes William Baghdoyan, counsel for Defendant in the above-captioned case and states
the following to this Honorable Court:

1. The defendant in the above-captioned case is charged with Aggravated Trafficking in
Scheduled Drugs, Class A, Possession of Scheduled Drugs, Class E and Violation of
Condition of release, Class E, allegedly occurring on March 1, 2019.
2. The physical evidence in the case was obtained pursuant to a warrantless search of a
hotel room in which the defendant had a reasonable expectation of privacy. It was also
conducted in the absence of probable cause or exigent circumstances and without
consent of the defendant. As such the search was made in violation of the defendant's
Fourth Amendment rights under the United States Constitution and Article One Section
Five of the Maine Constitution.
3. In addition to physical evidence, statements were taken from the defendant at a time
when he was in custody and had not been informed of nor made a waiver of his
"Miranda" rights and were thus obtained in violation of his Fifth Amendment rights
under the United States Constitution and of Article I Section 6 of the Maine
Constitution.

Wherefore, the defendant moves that the Court Suppress all evidence obtained as a result of
the search of the defendant's person and hotel room and of his interrogation by police on
March 1, 2019 from the trial ofthis case.

William Bag oyan
Bar# 2497

AUGUSTA COURTS
JUN 12 '19 AHll:09