NEW BRUNSWICK SUPERIOR COURT LOS DIABLOS COUNTY
MEMORANDUM
TO:
RESEARCH ASSISTANT FROM:
JUDGE MELISSA GRANT SUBJECT:
STATE OF NEW BRUNSWICK V. MITCHELL
DATE:
JANUAJRY 22, 2014
Justin Mitchell is charge with first degree murder. His attorney recently made a motion to
suppress evidence and to suppress statements made by police. The evidence consists of a
bloody handkerchief found during a search pursuant to a search warrant. The statements
in question are those made in the police vehicle while Mitchell to being transported jail,
after being arrested for possession of drugs.
Both the prosecution and the defense submitted the motion on the search warrant and
Grant Jury testimony. A copy of the warrant and the transcript of the testimony are
attached. No other evidence was submitted in support of or in opposition to the motion.
The defense based the motion on the contention that both the search and the statements
were obtained in violation of the U.S. Constitution. After reviewing all the facts in this case, under no circumstance do I want to suppress this
evidence. Such a ruling could destroy the prosecutor’s case. However, this case will be
closely scrutinized, and I need to write an opinion that clearly justifies my decision. My
ruling will be on the fact the search and subsequent statements were NOT obtain in
violation of the U.S. Constitution. I want you to limit your research to Federal Law. I need you to research this motion and write a memorandum providing me with the law
and arguments that will support my ruling in favor of the prosecution. Please prepare a memorandum that analyzes the legal and factual issues raised by the
motion to suppress.
