07911758373 guy and carrie neighbors yellow house case

8/14/2019 07911758373 Guy and Carrie Neighbors Yellow house case

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,fiLED, ~ . ~ , ; . : p l ~ r F n c r r . , : ' i J ~ ~ lIN THE UNITED STATES DISTRICT cotmr OF KANSASprs:",,, PH !: 53

FOR THE DISTRICT OF KANSAS i ; ; ~ < . J ' ,

UNITED STATES OF AMERICAV. Plaintiff,

Carrie M. NEIGHBORSDefendant,

etl'-Case No. 07-2o124-0l-02-K)>I'II/DJW

Notice of Motion to Dismiss onGrounds of Lackof AgencyJurisdiction, Fourth AmendmentCivil Right Violation or AlternativelyFor Discovery and/or EvidentiaryHearing.

Comes now Carrie M. Neighbors defendant through Pro-Se action, will herebydoes move to dismiss the present indictment on the grounds of Lackof agencyjurisdiction, fourth amendment civil rights violation or alternatively for discovery

..and or a evidentiary hearing in support ofthis claim. Wherefore the defendantprays that the court will consider this motion in the interest of justice andconsider the special circumstances surrounding this case in that the prosecutor isnow the acting District Attorney fpr the District of Kansas and has control overmore 100 attorneys in all three of the Justice Depts. The defendant prays thecourt accept this motion as to avoid the appearance of a conflict of interest onthe part of the government that would prejudice the defendant in this 4-year longcase.

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BACKGROUND:

On December 2,d, 2005 The United States Postal Inspectors office, Agents fromthe IRS, and Lawrence Kansas Police officers executed a Search Warrant on theYellow House Quality Appliances Incorporated, a business at 1904 Massachusetts.Based on a complaint the businesses employees had bought or sold stolenproperty. At 10:00 am, in connection to the investigation; State Police Officersheaded by Lawrence Kansas Police officer MickyRantz, Jay Bialek, jay Rozell,Lance Flacshbarth,B- Bonham, Steve Verbanic, Adam Hefley, Dave Axman, M.McNamee, Rich Britain, T.Squire, J. Stiponavich, A.Wilson, A. Mcgowen, D. Drugtaskforce detectives Terik Khatib and Sean Brown assisted by the United StatesPostal agents David Nitz, IRS agents RobJackson and also Juan Ngunyen executeda warrantless search upon the residence of the defendants located at 1104Andover. (Thewarrantless Illegal searcl1 allegation issecurely supportedby dOQ.lmentatlonwhich the defendantsare preparedto provide throughan evidentiary hearing)Upon discovery at the residence of several small plants in a back room of theresidence, inorder to cover-up for the illegal search, officers went and got a socalled "piggy back" warrant signed by Judge Stephen SiX, at 1:30 pm thatafternoon. legally A "Piggy back" warrant would not have been necessary sincethe room was located within the house, had the officers already had a legalwarrant to search the residence. No arrests were made at the t ime of thesearches.Also seized from the residence and poorly documented were the defendants legalvaluable gun collection, which included a rare never fired 30 year old over andunder Italian Berretta with an estimated value of $16,000.00. All guns were


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unloaded and securely locked in a safe; the officers did not have a separatewarrant to seize the guns from this locked safe.

(One year later) On December i h, 2006 Guyand Carrie Neighborswere arrestedby the Postal Inspector David Nitz, and other Inspectors from the Postal Service,and the IRS, headed by IRS Agent Robert Jackson, along with his assistants fromthe IRS, for being "unlawful users in possession of firearms" United States v.Neighbors, Case No. 06-20171-CM, in violation ofTitle 18, USC sections922(g)(2) .TheGovernment dismissed the Indictment in that case on May 4, 2007. OnJune 20, 2007, the government re-indicted Mr. and Mrs. Neighbors. Thesecond indictment included the same charge as the first indictment (asCount 2) aswell as additional charges,( based on the original search andabsent of any additional activity in the case), of conspiring to manufacturemarijuana and two counts of knowingly and intentionally manufacturingmarijuana.On June 25th, 2007,The Neighbors were again arrested in their residence at1104Andover, and every room of the entire residence including thebasementwas again illegally searchedby IRS Agent Robert Jackson andattending Lawrence police officers Sarna and Barkley absent ofany searchwarrant. The Neighbors were arrested for Federal Gun and Drug chargesbythe Postal Inspectors David Nitz, Osbourn and the IRS Agent RobertJackson, Under Title 21, USC Sec. 841 (a)(1) and (b)(1)(D), Title 21 USC,Sec. 846.On the aist day ofDecember, 2007, The Honorable Judge Lungstromdismissed count 2 of the Indictment with prejudice. Rendering the.

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The Fourth Amendment protects indIVIduals aplnst unreasonable seen:hes and seizures byth e sovernment. The scopeof this protection extends to any ar81 In which an Indlvldual hils 8reasonable expectation of privacy. Further. the FourthAmendment provld8ll that aU _rrantsshall be based upon probllble cause and supported by oath or affirmation.

-----------------_._-------------_._---------POWERS OF THE POSTAL INSPECTOR:TheUSPISandUSPS-OlGderivetheir federal investigative authority from 18U.S.C.,O3061(2000) (granting investigative andother lawenforcement powersto "Posta! Inspectorsand otheragentsoftheUnited StatesPostalServicedesignated by the Board ofGovernors toinvestigate criminal matters relatedto thePostal Serviceand themail"). Thatgrant ofauthority is limited to "the enforcement of laws regarding property in the custody of thePostal Service. property of thePostalService, the use of themails, 81'I.d otherpostal offenses"and the enfon::ement ofcertain other federal lawsdetermined to "have8 detrimental effectupon the operations of thePostalService." Id.6 3061(b)(1)-(2).Title 39, section233.1 ofthe CodeofFederalRegulations, entitled "Arrest and investigativePowersofPostal Inspectors," sets forthcertainauthority of inspectors of theUSPIS andinspectors of theUSPS-oIG, referringto both as "Postal Inspectors," Id. 5233.1(8).Whilerecognizing their commonauthority to enforcelaws relatedto themails,the sectioncircumscribes the primaryresponsibility oftheUSPS-oIG and the USPIS:

(b) Limitations. The powers grantedby paragraph(a) Of this section shall be exercised onIy-(1) III the eDforeemeat of laws r ~ r d i n g property i . th e custody ofthe POItalService, property of the PostalService, tbe use of the mlliJl,IDd other poetal olfeoses. With the exception of enfordng lawsrelated to die -u.:(1)TheOfficeofInapector GeneralwiU investigate allallegations ofviolationsof postal lawsor misconductby postal


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employees, includingmail theft; and(ii) TheInspection Service will investigateall allegationsofviolationsofpostal lawsor misconductby all other persons.- - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -POWERSOFTHE IRSAGENTTO ARREST9.1.2.4 (01-16-2008)IRS Agent Authority eo ArrestThe authority of .pecial agents to make arrests is provided by 28 USC 17608.This section provides, in part, thata special agent is authorized: to execute and servesearch warrants and arrestwarrants; to serve subpoenas andBummonses issued underauthority of the United States; tomakeal'1'88ta with or without wamlnt fol.DX9fl'!D!! 'Hlnst tht Unlt8d State. reI.tina to 111, In_rnal Revenue laws that iscommitted in hi8lher presence, or for anyfelony cognizable undersuch laws if he/shehas reasonable grounds to believe that the person to be arrested hascommitted oriscommitting anysuchfelony9.1.2.2 (01-18-2008)GeneralAuthority eo Enforce ln18mal Revenue Lawa .nd Related Statut8s

1. TlUe 26 United S t a_ Code (USC) f7608(b) provides the Initial authority forinvestigating crImes arising under the Internal Revenu. IaWlS.-.----,--_.-., _-------,------_._-

. CONCLUSIONThe Neighbors contend officers acted in violation of state statutory law tothe FourthAmendment, Ross v. Neff. 905 F.2d1349 (loth Cir, 1990). Inthat case, itwas held that "an arrest made outside of the arresting officer'sjurisdictionviolates the FourthAmendment . . . ." rd. at 1353-54The federal constitutional standards for evaluating the validity ofsearchwarrants arewen established. The FourthAmendment requires that the


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presentation of proof of such crimes is a violation of one's oath of office tothe Constitution, and grounds for removal from office. Therefore GuyNeighbors respectfully requests the termination of the cases, thesuppression of all evidence, and the dismissal of all charges with prejudice.Respectfully submitted as truth under oath to the courts forconsiderations by Pro-se Defendantpetitioner Carrie M. Neighbors.

Signed CA C ~ d a t e d , _ . . . . : . . . . : . . - - - " " ' ' - - ' ' ~ ........._Whenever any person is roquired to take an oath beforehe enters upon the discharge of any office, position, orbusiness or on any other lawful occasion, it is lawful forany person employed to administer the oath to administerit in the following form" The person swearing, with his handuplifted, shall swear by the ever living GOD


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PROOF OF SERVICE FORM

A copy of this fonn shall be appropriately filled out and attached when Proofof Service or statement of delivery ormailing is required.

- (Location)l ( ~ N S t l S 010, ](S

I i j -0'6 I personally delivered the attached LA

07911758373 guy and carrie neighbors yellow house case

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