CRIMINAL DISTRICT COURT PARISH OF ORLEANS STATE OF LOUISIANA. Probable Cause Hearing Motion to Suppress Evidence

Transcription

1 CRIMINAL DISTRICT COURT PARISH OF ORLEANS STATE OF LOUISIANA STATE OF LOUISIANA VERSUS JOHN DOE NO. 1- SECTION "Z" Probable Cause Hearing Motion to Suppress Evidence Testimony and Notes of Evidence, taken in the above-entitled and -numbered cause, before the HON. JOHN JUSTICE, Judge, presiding on the th day of May, 01. APPEARANCES: REPRESENTING THE STATE OF LOUISIANA: JANE SMITH, ESQ. ASSISTANT DISTRICT ATTORNEY REPRESENTING THE DEFENDANT: MARY JANE, ESQ. ORLEANS PUBLIC DEFENDERS REPORTED BY: JOE REPORTER, CCR, RPR OFFICIAL COURT REPORTER IN AND FOR THE PARISH OF ORLEANS STATE OF LOUISIANA 1

2 STATE WITNESS: WITNESS INDEX PAGE DETECTIVE PETER PAUL Direct Examination by Ms. Smith Cross-Examination by Ms. Jane

3 STATE: EXHIBIT INDEX OFR'D REC'D S-1 Crime Lab S- Conviction

4 Your Honor, the State is ready to proceed with motions in John Doe. Your Honor, Mary Jane on behalf of John Doe. This is the matter of the State versus John Doe. Yes. Mr. Doe is present in court and we're ready for motions. Very well. Call your first witness. The State calls Officer Peter Paul. OFFICER PETER PAUL, Parish Police Department, after having been first duly sworn, did testify as follows: - DIRECT EXAMINATION - BY Q. Could you please state your name for the Record? A. Officer Peter Paul. Q. Officer, how are you employed? A. Police officer. Q. Do you see Mr. Doe in court today? A. Yes, right there at the desk in the orange jumpsuit. Please let the Record reflect proper in-court identification. EXAMINATION BY

5 Q. Officer, could you tell the Court in what capacity you were working February 1, 01? A. In undercover plain clothes capacity with Eighth District Narcotics. I tender the witness, Judge. - CROSS-EXAMINATION - BY Q. Officer, you were undercover on February 1, 01? A. Yes. Q. Would it refresh your recollection if you looked at your police report? Your Honor, I'm going to object. I don't think it's relevant who did the physical detention of the defendant. I will permit it. I will overrule. Would it refresh your recollection, Officer, if you reviewed the police report? THE WITNESS: Sure, I will take a look. Yes. In the report it says that I notified him he was under arrest, and read him his rights per Miranda, and arrested him. I have no further questions. Thank you. The State has no Redirect. Thank you, Officer. You may step down.

6 The State has no further witnesses. Judge, at this time we would offer, file and introduce S-1 -- for motion purposes only -- S-1, which is a copy of the crime lab in this matter showing that the evidence confiscated from the defendant, both the hand-rolled cigar and the nine plastic baggies were each positive for marijuana; and S-, a copy of the defendant's prior conviction. Any objection for motion purposes? Not for motion purposes. With that, Judge, the State submits. Anything by the Defense? No. Submitted? I would submit. The State submits. The Court finds probable cause as charged. The Court denies the Motion to Suppress Evidence. I will note an objection on behalf of the Defense to the Court's ruling. * * * * *

7 REPORTER'S PAGE I, JOE REPORTER, Certified Court Reporter in and for the State of Louisiana, the officer, as defined in Rule of the Federal Rules of Civil Procedure and/or Article 1(B) of the Louisiana Code of Civil Procedure, before whom this proceeding was taken, do hereby state on the Record: That due to the interaction in the spontaneous discourse of this proceeding, dashes (--) have been used to indicate pauses, changes in thought, and/or talkovers; that same is the proper method for a Court Reporter's transcription of proceeding, and that the dashes (--) do not indicate that words or phrases have been left out of this transcript; That any words and/or names which could not be verified through reference material have been denoted with the phrase "(spelled phonetically)." _ JOE REPORTER Certified Court Reporter Registered Professional Reporter 0 1

8 REPORTER'S CERTIFICATE This certification is valid only for a transcript accompanied by my original signature and original required seal on this page. I, JOE REPORTER, Official Court Reporter in and for the State of Louisiana, employed as an Official Court Reporter by Criminal District Court, Parish of Orleans for the State of Louisiana, do hereby certify that this testimony was reported by me in the stenotype reporting method, was prepared and transcribed by me or under my personal direction and supervision, and is a true and correct transcript to the best of my ability and understanding; That the transcript has been prepared in compliance with the transcript format guidelines required by statute, or by rules of the board, or by the Supreme Court of Louisiana; That I am not of counsel, not related to counsel or the parties herein, nor am I otherwise interested in the outcome of this matter. 1 JOE REPORTER Certified Court Reporter Registered Professional Reporter 0 1