In the Twentieth Judicial Circuit Court for Lee County, Florida

STATE OF FLORIDA Case Number: 22-CF-016213

V.
ALEXA GABRIELLA DEMARIANO Accused

MOTION TO SUPPRESS
Introduction
Accused, ALEXA DEMARIANO, through counsel, files this Anderson Motion seeking the suppression of
evidence obtained during an unlawful stop and search conducted by MARK ELLSAID on 08/25/2022.
Statement of Facts
1. On 08/25/2022, the Accused, a Native Florida born free inhabitant, was traveling from Broward
County to Sarasota County via Interstate 75 when she was unlawfully stopped by a MARK
ELLSAID.
2. The land over which the stop occurred was not land ceded to the state or federal government
resulting in MARK ELLSAID acting in his private capacity upon suit could be brought for
redress of injuries .
3. MARK ELLSAID lacked reasonable suspicion to conduct the stop, violating the Fourth
Amendment rights of the Accused.
4. Despite the absence of reasonable suspicion, the MARK ELLSAID proceeded with an
unauthorized search of the Accused's vehicle, unlawfully breaking into locked bags and a
medicine case WHERE PERSCRIPTION MEDICATIONS ARE USUALL KEPT OUT OF
HARMS WAY FROM CHILDREN, and discovering illicit substances.
5. The evidence obtained as a result of the unlawful stop and search should be suppressed as it was
obtained in violation of the Accused's constitutional rights.
Legal Arguments
The Anderson Motion is supported by the following legal arguments:
1. Violation of Fourth Amendment Rights:
 The unlawful stop and search conducted by the Deputy Sheriff violated the Accused's
Fourth Amendment rights against unreasonable search and seizure.
 The lack of reasonable suspicion to conduct the stop renders any evidence obtained as a
result of the stop inadmissible in court.

2. Precedent:

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  Anderson v. State, 602 So. 2d 1105 (Fla. 1992): Established the standard for determining
the lawfulness of a stop and search under the Fourth Amendment, requiring law
enforcement officers to have reasonable suspicion of criminal activity.

MEMORANDUM AT LAW

1. Mullenix v. Luna (2015): In this case, the U.S. Supreme Court denied qualified
immunity to a Texas state trooper who shot and killed a fleeing suspect during a
high-speed chase. The Court held that the officer's use of deadly force was
unreasonable under the circumstances, and he could be sued in his personal
capacity for violating the suspect's Fourth Amendment rights.
2. Brosseau v. Haugen (2004): The U.S. Supreme Court ruled in this case that a
police officer who shot and injured a suspect fleeing in a car was not entitled to
qualified immunity. The Court found that the officer's use of deadly force was
unreasonable, and he could be sued in his individual capacity for violating the
suspect's Fourth Amendment rights.
3. Plumhoff v. Rickard (2014): In this case, the U.S. Supreme Court held that police
officers who fired multiple shots at a fleeing vehicle, ultimately killing the driver
and passenger, were not entitled to qualified immunity. The Court determined
that the officers' use of deadly force was excessive and violated the Fourth
Amendment, allowing the plaintiffs to sue the officers in their individual
capacities.
4. Graham v. Connor (1989): Although not specifically a case where an officer lost
qualified immunity and was sued in their private capacity, this landmark decision
by the U.S. Supreme Court established the standard for assessing claims of
excessive force under the Fourth Amendment. The Court held that the
reasonableness of an officer's use of force should be judged from the perspective
of a reasonable officer on the scene, without the benefit of hindsight, and
considering the totality of the circumstances.

Relief Requested
Accused respectfully requests that this Honorable Court:
1. Suppress all evidence obtained as a result of the unlawful stop and search conducted by the
MARK ELLSAID on 08/26/2022.
2. Grant any further relief deemed just and proper by this Honorable Court.
3. Grant any other reward this panel feels is just and timely?

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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished to Melanie L. Sanders, Assistant State Attorney Post Office Box 399 Fort Myers,
Florida 33902 by Electronic transmission eservice@sao20.org this April 22, 2024.

Respectfully submitted,
[WITHOUT RECOURSE]
ALEXA DEMARIANO,Accused

/a/ __Alexa demariano_____04/22/2024

deMariano, Alexa –attorney-in-fact
c/o 5023 whispering oaks drive
North Port, Florida
ademariano@att.net
941-615-8365