United States of America v Sylla Pays/Territoire États-Unis d'Amérique Type de cour Nationale- cour inférieure Date Fév 16, 2010 Source UNEP, InforMEA Nom du tribunal United States District Court for the Eastern District of New York Langue Anglais Sujet Espèces sauvages et écosystèmes Résumé Pending before the court is defendant Kemo Sylla's motion to suppress physical evidence seized during a search of his residence at the time of his arrest on December 3, 2008. Sylla is charged with one count of smuggling African elephant ivory into the United States, in violation of 18 U.S.C. § 545, and one count of conspiracy to do the same, in violation of 18 U.S.C. § 373. On April 21, 2009, Sylla filed a motion requesting the suppression of the physical evidence seized from his home at the time of his arrest. Sylla argued, inter alia, that this evidence should be suppressed because he signed the government's consent to search form after the search was conducted and that the warrant less search, therefore, was conducted without his consent. In his motion, Sylla also moved for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and for severance of his trial from the trial of his co-defendants. On August 5, 2009, the court denied Sylla's motions for a Franks hearing and for severance. On August 5, 2009, the court granted Sylla's motion for an evidentiary hearing on the issue of whether the seizure of evidence during the search of his residence occurred before or after he signed a consent to search form, and reserved decision on that issue pending an evidentiary hearing. The court held a suppression hearing on January 4, 2010, during which the government presented two witnesses, Philip Alegranti and Dorothy Manera, both Special Agents of the United States Department of the Interior, Fish and Wildlife Service. Defendant called two witnesses, Brian Ferrante, Special Agent for the United States Immigration and Customs Enforcement, and Watta Bamba, who resides with Sylla, along with their daughter. Conclusion: The court ordered post-hearing supplemental briefing, and submissions were completed by February 8, 2010. Upon consideration of the parties' written submissions, including defendant's affidavit, dated April 9, 2009 and the testimony and evidence presented at the suppression hearing, and for the reasons stated below, the court denies defendant's motion to suppress. Texte intégral USA-10.pdf Site web www.unodc.org