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Idaho Legal Documents - Malicious Prosecution of Jeannie Smith

Motion To Dismiss
Filed September 16, 2020

Motion To Dismiss

Comes now, Defendant Jeannie K. Smith, in accordance with I.C.R. 12 and 48, move this Court to dismiss the erroneous charges brought against me because this Court, the Clearwater County prosecuting attorney, Sheriff Chris Goetz, and the arresting officers violated the United States Constitution, the Idaho State Constitution, Idaho Code, and Idaho Criminal Rules and other procedures during the unlawful arrest, detainment and seizure on November 12, 2019, and the prosecution of this case. (See Affidavit of Jeannie Smith in Support of Motions, Exhibit D).

Wherefore, in the interest of justice, fairness, and the protection of my constitutional rights, I move this Court to dismiss all charges against me. I did not knowingly commit a crime or obstruct any officer. I did not, nor was I capable of committing the crimes for which I am accused per I.C. § 18-114, I.C. § 18-201, I.C. § 18-705, I.C. § 18-7008(2)(a), I.C. § 18-7008(6)(a)(i), and the legal definitions of these terms. However, the Clearwater County Sheriff’s Office and Idaho State Police violated, at a minimum, I.C. § 18-703; I.C. § 18-704; I.C. § 18-2901; I.C. § 19-602; I.C. § 19-603; I.C. § 19-608;  I.C.R. 5(b); Fourth, Fifth, Eighth, and Fourteenth Amendments of the Constitution of the United States; Constitution of the State of Idaho, Article I, Section 6 and 17; the Miranda Rule; and the Idaho Civil Sheriffs Manual, 1.3.9; in my illegal arrest, seizure, search, and false imprisonment. In addition, this Court and the prosecution have violated, at a minimum, I.C.R. 10(a), 10(b), 10(c), 10(d)(2), 3(d), 5, and my constitutional rights. Therefore, in the interest of justice and adherence to the law, I move this Court to dismiss all charges against me and purge my personal information from any criminal data systems or databases.

This motion is supported by my Affidavit of Jeannie Smith in Support of Motions.

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