Guevara

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT GUEVARA’S MOTIONS TO SUPPRESS REGARDING EYEWITNESS IDENTIFICATIONS, SEARCHES, AND ARREST

INTRODUCTION

Defendant Angel Noel Guevara moves to suppress eyewitness identifications of him and all fruit flowing from the eyewitness identifications, on the basis that the identifications were unreliable and based on unduly suggestive photographic line-ups (Dkt. No. 1995). Mr. Guevara also seeks to exclude evidence seized as a result of warrant-authorized searches of his residence at 41 Vienna Street in San Francisco, his vehicle, and his person, on the grounds that the searches were premised on unlawful eyewitness identifications, the search warrant was overbroad, and items outside the scope of the warrant were improperly seized (Dkt. No. 1996). Finally, Mr. Guevara seeks to exclude any evidence resulting from his warrantless arrest on December 30, 2007 (ibid.). For the reasons stated herein, the motions are Granted in Part and Denied in Part.

STATEMENT

As a preliminary matter, a moving defendant must ordinarily comply with Criminal Local Rule 47-2(b), which requires sworn declarations or affidavits for motions presenting issues of…