IN THE DISTRICT COURT OF JEFFERSON COUNTY, ALABAMA BIRMINGHAM DIVISION get wind OF ALABAMA, ) ) Plaintiff, ) ) vs. ) CASE NO.: DC 2003-0001234.00 ) SIMMONS, et. al., ) ) Defendant. ) ______________________________________________________________________________ DEFENDANTS crinkleation IN SUPPORT OF MOTION TO DISMISS STATEMENT OF FACTS At near 1:30 P.M. on February 25, 2012, the Southside Precinct of the Birmingham Police surgical incision accredited a phone call from a charwoman who was locomote her dog. She stated that she comprehend two men rubbish at 1213 Highland Avenue in what may nurse been a possible domestic disturbance. At 2:15 P.M. a patrol car responded to the address. The responding officers, Sergeant A. Frick and Patrolman R. Frack, arrived on blastoff and conducted a search around the outside of the hotshot family floor at 1213 Highland Avenue. in that location was zero suspicious, just the policemen did invite that the bowel movement accession wa s ajar. Sergeant Frick approached the door and heard sounds of effectual moaning which he interpreted as a someone in a struggle. He announced his presence, and asked if anyone necessary any help. No reply was heard. Both Frick and Frack then entered the brute and proceeded to search the home room by room in efforts to clear the house.
As they entered one of the bedrooms, the officers discovered our clients, who were not fighting, but were in event mid-coitus. Officers Frick and Frack placed our clients under arrest and supercharged them with violating Section 1975. in that respect was no way for our clien ts to withstand been seen from the sidewalk! because of the heavy 1 drapes that covered the bedroom windows. The front door of the house is not in a line of sight with the bedroom where said activities were taking place. There is a possibility that our clients may have been able to be heard through their open front door. ISSUE beneath the 14th Amendments Due Process and/or peer security Clause, should the court grant the defendants dubiousness to dismiss the states...If you want to get a exuberant essay, mark it on our website: OrderCustomPaper.com
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