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STATE OF MICHIGAN
THIRD CIRCUIT COURT FOR WAYNE COUNTY
CRIMINAL DIVISION

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff,
Case Number: 13-6817-01-FH
-vs- Hon. LAWRENCE S. TALON

SWAYVON NICHOLAS SHERROD,

Defendant.

_________________________________________/

MOTION TO SUPPRESS OR, IN THE ALTERNATIVE,
FOR AN EVIDENTIARY HEARING

Now comes SWAYVON NICHOLAS SHERROD, thru his Attorney, Patrick Erwin
Nyenhuis, and moves this Court to dismiss this case and/or suppress all evidence illegally
seized; all statements given to police; and any other evidence upon which the prosecutions
case is based and states in support as follows:
1. That on July 16, 2013, Mr. Sherrod was arrested subsequent to an investigative
stop. The Detroit Police Officers were patrolling the areas of Van Dyke and
Miller in Detroit, Michigan.
2. Defendant Sherrod was lawfully walking on the sidewalk in the City of Detroit.
3. Discovery alleges that Police Officer Darius Shepherd observed Mr. Sherrod
walking without a shirt on but wearing basketball shorts with a bulge in his right
shorts pocket which weighed down the right side of his shorts. (Exhibit A).
Mr. Sherrod was stopped and searched. Police Officer Darius Shepherd alleges
to have immediately felt a handgun in [Mr. Sherrods] right basket ball shorts
[sic] pocket. (Exhibit A). Mr. Sherrod was arrested and subsequently charged
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with Weapons Carrying Concealed, Weapons Firearms Possession By Felon,
and Weapons Felony Firearm contrary to statues made and provided. (Exhibit
B).
4. All the evidence supporting the charges was based on the illegal and
unreasonable arrest and search of Defendant Sherrod.
5. Upon information and belief, the defense submits the investigative detention and
subsequent search and seizure of Defendant Sherrod was unlawful and in
violation of the United States and Michigan Constitution. Amend. IV; XIV; Const.
1963, Art. I, Sec. 17. See also: Terry v. Ohio, 392 U.S. 1 (1968); People v. Whalen,
390 Mich. 672 (1973); People v. Nelson, 443 Mich. 626 (1993); People v. Oliver,
464 Mich. 184 (2001); People v. Jenkins, 688 N.W.2d 499 (2004); People v. Rizzo,
243 MA 151 (2000).
6. In fact, Mr. Sherrods arrest was nothing more than a mere pretext based on
unparticularized suspicions. A mere hunch was used to engage in an unlawful
search and seizure of Mr. Sherrod. Any evidence found from such an unlawful
search must be suppressed. U.S. v. Ferguson, 989 F2d 202 (6
th
c. 1993); People v.
Burrell, 417 Mich. 439 (1983); People v. Nelson, 443 Mich. 626 (1993); People v.
Harris, 465 Mich. 898 (2001).
7. The evidence allegedly found on Defendant Sherrods person and his statements
must be suppressed because the arrest and search were illegal and any evidence
seized was the fruit of the illegal search and arrest of Defendant Sherrod. US
Const, AM IV; Mich Const 1963, Art I, 11; Wong Sun v. United States, 371 US 471,
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486; 83 SCt 407, 416; 9 Led2d 441 (1963); US v. Worley, 193 F3d 380 (CA6,
1999).
8. In the present case, there was no reasonable suspicion or probable cause to stop,
detain or search Defendant Sherrod.
9. There were no exceptions to the warrant requirement and no exigent
circumstances were present.
10. Thus, at least, an Evidentiary Hearing is necessary in order to establish all
relevant facts surrounding the legality of the search and seizure of Defendant.
People v. Talley, 410 Mich. 378 (1981); People v. White, 392 Mich. 404 (1974);
Cert Den. 420 U.S. 912 (1975).
WHEREFORE, Defendant Sherrod respectfully moves this Honorable Court to grant
this Motion to Suppress or hold an Evidentiary Hearing requiring the appearance of
any and all officers involved in the initial stop and subsequent search and seizure of
Mr. Sherrod and all evidence seized during that initial stop. The officers involved in
the initial stop include Darius Shephered, Brian Laperriere and Endrit Fjolla.
Defense, pursuant to the Order Granting Discovery For Defendant that was signed
on August 6, 2013, would also request that the officers bring and provide a copy of
the in-car audio/video recording for use at the evidentiary hearing.
Respectfully submitted,

________________________________________
Patrick Erwin Nyenhuis (P76343)
Attorney for Defendant
615 Griswold Street, Suite 1300
Detroit, Michigan 48226
Cell: 313.244.3500
Fax: 313.457.2040
Dated: September 5, 2013