Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84

UNITED STATES OF AMERICA

v.

WAYNE THOMAS
ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON

Ellen Thomas, by her counsel, hereby moves for the return of property unlawfully seized from her and to suppress the use of this property as evidence against her based upon the following grounds.

1. Officers of the United States Park Police arrested Ellen Thomas on June 6, 1984 and seized numerous items belonging to Ellen Thomas.

2. The officers arrested Ellen Thomas without a warrant, and without probable cause to believe that she had violated any law or regulation.

3. The seizure of Ellen Thomas' belongings was also warrantless, and unjustified by any exception to the warrant requirement of the Fourth Amendment.

4. Admission into evidence of property unlawfully seized would violate Ellen Thomas' Fourth Amendment rights.

WHEREFORE, for the foregoing reasons and such others as may appear at a full hearing on this motion, Ellen Thomas respectfully asks this Court to order the return of all property seized from her following her arrest on June 6, 1984, and to suppress its use as evidence against her.

Respectfully submitted,

/s/Stephen G. Milliken

STEPHEN G. MILLIKEN

Milliken & Van Susteren, P.C.

511 E Street, N.W.

Washington, D.C. 20001

(202)393-7676

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was mailed, postage prepaid, to Assistant U.S. Attorney Pamela Stuart, U.S. Courthouse, Constitution Avenue and John Marshall Place, N.W., Washington, D.C. 20001; to Phyllis B. Tatik, Esquire, Juvenile Justice Clinic, 605 G Street, N.W., Third Floor, Washington, D.C. 20001; to Robert DeBerardinis, Esquire, 1534 16^th Street, N.W., Washington, D.C. 20036; to Mark Venuti, Esquire, 2001 S Street, N.W., Suite 630, Washington, D.C. 20009; and to Richard Seligman, 2001 S Street, N.W., Suite 630, Washington, D.C. 20009; this 31^ST day of July, 1984.

/s/Stephen G. Milliken
STEPHEN G. MILLIKEN

Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84

UNITED STATES OF AMERICA :

v. :

WAYNE THOMAS : ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON

MEMORANDUM IN SUPPORT OF MOTION FOR RETURN OF
SEIZED PROPERTY AND TO SUPPRESS ITS USE AS EVIDENCE

On June 6, 1984, United States Park Police Officers arrested Ellen Thomas and her codefendants on charges of camping and storing personal belongings in Lafayette Park, in violation of 36 C.F.R., Sections 50.27 and 50.7. Following the arrest, the officers seized personal property from their possession.

"In the ordinary case, ...a seizure of personal property [is] per se unreasonable within the meaning of the Fourth Amendment unless it is accomplished pursuant to a judicial warrant issued upon probable cause and particularly describing the items to be seized." United States v. Place, __ U.S.__, 103 S.Ct. 2637, 2641 (June 20, 1983). Warrantless seizures are permissible only if: (1) the law enforcement authorities have probable cause to believe that a container holds contraband or evidence of a crime and exigent circumstances demand immediate seizure; or (2) some other recognized exception to the warrant requirement applies. Id.

In this case, the Park Police officers had neither probable cause nor exigent circumstances to justify their seizure of Ellen Thomas' property. Moreover, none of the recognized exceptions to the warrant requirement apply. Because Ellen Thomas was doing nothing which could have given the officer probable cause to arrest her, the seizure of her property was not incident to a valid arrest. See United States v. Robinson, 414 U.S. 218

(1973); Chimel v. California, 395 U.S. 752 (1969).

Accordingly, the evidence seized from Ellen Thomas must be suppressed and returned to her pursuant to Fed. R. Cr. P. 41(e).

Respectfully submitted,

_/s/Stephen G. Milliken
STEPHEN . MILLIKEN
Milliken & Van Susteren, P.C.
511 E Street, N.W.
Washington, D.C. 20001
(202)393-7676

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84

UNITED STATES OF AMERICA :

v. :

WAYNE THOMAS : ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON

ORDER

This matter having come before the Court on Defendant's Motion to Suppress Evidence and for Return of Seized Property, and the Court having considered the Motion and Memorandum in Support Thereof, the Government's Opposition, and the evidence adduced at an evidentiary hearing, now, therefore, ________ this day of __________________________, 1984,
IT IS HEREBY ORDERED:

Defendant Ellen Thomas' Motion to Suppress Evidence is GRANTED;
The United States shall return all belongings seized at the time of Ellen Thomas' arrest to her forthwith.

/s/ Judge Joyce Green
UNITED STATES DISTRICT JUDGE