BRASS & CORDOVA

EDWARD K. BRASS (432)

KIM CORDOVA (9100)
Attorneys for the Defendant
175 East 400 South, Suite 400
Salt Lake City, Utah 84111
Telephone: (801) 322-5678
Facsimile: (801) 322-5677
______________________________________________________________________
IN THE SECOND JUDICIAL DISTRICT COURT
IN AND FOR DAVIS COUNTY, STATE OF UTAH
THE STATE OF UTAH,
Plaintiff,
v.
BRIANNE LAND ALTICE,
Defendant,
MOTION TO SUPPRESS STATEMENTS
Case No. 131702004
Judge Kay
Brianne Altice, by her attorney, hereby moves to suppress all evidence
from trial in this matter which is a product of an unlawful interrogation of Ms. Altice
contrary to her constitutional rights to remain silent as guaranteed by the Constitution of
Utah, Article I, Section 14 and the Fourth and Fourteenth Amendments to the United
States Constitution. The statements and any evidence produced by the statements are
also the product of an involuntary, coercive interrogation. The specific grounds for this
motion are:
1. On or about October 28, 2013, Ms. Altice was putting one of her children
to bed and was helping the other with homework when 8-10 male police officers in
nearly as many police cars arrived at her home.
2. The officers did not request permission to enter her home but insisted that they
be given access and entered the home.
3. The officers refused to allow her to tend to her children and insisted that she
speak to them or she would be deemed uncooperative.
4. Ms. Altice asked several times to speak to an attorney and was denied access
to one. Questioning did not stop when she requested an attorney.
5. Ms. Altice was questioned for slightly under four hours. During that time she
was not permitted access to her children, nor was she allowed to use the rest room.
She was not permitted to use her telephone or to answer it when it was called.
She was told that unless and until she consented to an interview and cooperated by
giving them what they were seeking, they would not leave the house.
6. Ms. Altices home was full of police officers at this point, more than the original
8-10 that were on her porch. All of the officers were male. Some of them were
wandering through the house taking photographs without permission. Ms. Altice has no
experience with police officers and was terrified by the sheer number of officers and the
fact there were no female officers.
7. Ultimately, Ms. Altice spoke to the officers and provided certain physical
evidence. Her statements were coerced and involuntary and were taken in violation of
her so-called Miranda rights. The evidence she provided was the product of that tainted
statement.
8. This motion will be supported by a memorandum of authorities.
RESPECTFULLY SUBMITTED this 30
th
day of June, 2014
/s/ Edward K. Brass_______________________
EDWARD K. BRASS
KIM CORDOVA
Attorneys for the Defendant
MAILING CERTIFICATE
I hereby certify that a true and correct copy of the foregoing Motion to Suppress
Statements was mailed postage prepaid to Cristina Ortega, Deputy Davis County
Attorney at 800 West State Street, Farmington, Utah 84025, this 30
th
day of June, 2014.
/s/ Maria J. Montoya___________________