Eclipse Government

Defendant Name: Anthon Cerbach
Defendant Phone: 595-1420
Defendant Address: N/a
(( Defendant Discord: aiasn ))
Requested Attorney: David Coast

Charging Department: LSPD

Date & Time of Incident(s): 10/FEB/2024 16:45
Charge(s):

• Attempted GM05
• Burglary
• Grand Theft

Narrative:
I feel like the GM05 charge was not necessary and I was unlawfully arrested.

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I, Anthon Cerbach, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))

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The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.



Associate Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]

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I, David Coast, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Anthon Cerbach in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Public Defense Attorney
San Andreas Judicial Branch
(909) 593-1338— [email protected]

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The case of the State of San Andreas v. Anthon Cerbach is hereby activated by this Court under #24-CM-0050.

Both the State and Defendant in this case are still awaiting adequate representation. At this time the court will delay the Order for Discovery until adequate representation has been assigned for the Defendant and a State Prosecutor has been assigned to the case and both parties inform the court they are ready to proceed.

In accordance with guidelines set forth by the Supreme Court of San Andreas, this case shall require an in-person trial. Once all pretrial matters have been resolved, a Notice of Scheduling will be issued to arrange an appropriate time for trial.

So ordered,

Superior Court Justice
Director of the San Andreas Bar Association
San Andreas Judicial Branch
(909) 553-8869 — [email protected]

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I, Terence Williams, Acting Attorney General of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]

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I, Andrew Cuttings, Prosecuting Attorney of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Co-Counsel alongside the Primary, Terence Williams and will await further instruction from the Presiding Judge.


Junior Attorney
San Andreas Judicial Branch
(909) 528-7107 — [email protected]

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The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.

So ordered,

Superior Court Justice
Director of the San Andreas Bar Association
San Andreas Judicial Branch
(909) 553-8869 — [email protected]

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I, Daniel Carmello, a Defense Attorney with the San Andreas Judicial Branch, will be representing the defendant, Anthon Cerbach, in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.



Junior Defense Attorney
San Andreas Judicial Branch
(909) 323-9782 — [email protected]

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The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;

• Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024

  
  Please note that the arrest report includes a timestamp of who and when the arrest report was submitted to account for the clerical error within the original report which states the incident occurred on the 8th of February when it in fact took place on the 10th of February. This is further corroborated by the body-cam footage and witness statements supplied.
  

  Mikael Cowell wrote: ↑10 Feb 2024, 18:08

  

  Los Santos Police Department ARREST REPORT "TO PROTECT AND TO SERVE"

  
  

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  MUGSHOT

  • SUSPECT DETAILS
    • 
      Full Name: Anthon Cerbach
      Phone Number: 5951420
      Licenses Suspended: No
      Officers Involved:
      • Police Detective I Mikael Cowell
      Charges:
      • GF10 - Grand Theft
      • GF15 - Burglary
      • Attempted GM05 - Receiving Stolen Property
    INCIDENT NARRATIVE
    • Incident Date: 08/FEB/2024
      
      Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
      • Arrested at the conclusion of a GND, was observed robbing a house and arrested when he had carried the stolen items in to the pawn shop to sell them.
        
        Legal items stored at Mission Row, all illegal evidence destroyed.
    EVIDENCE DETAILS
    • Document the possessions confiscated from the arrested suspect.
      Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.
      
      Where possible, the serial number of each firearm seized as evidence should be noted.
      • Illegal Possessions:
        Exhibit A: 15x Scratched Furniture (worth approx. 21k)
        Exhibit B: 12x Packed Money (worth approx. 36k)
        Exhibit C: 2x Speakers
        Exhibit D: 1x Drill
        Exhibit E: 1x Bolt Cutter
        
        
        Legal Possessions:
        Exhibit A: 1xRadio
        Exhibit B: 1xKnife
        
        
        Photograph of Possessions (MANDATORY)

        

  

• Exhibit #2: Witness Statement - Police Detective I Mikael Cowell

  

  

  
  San Andreas Judicial Branch
  Official Witness Statement
  "HERE FOR YOU | SAFE FOR YOU"

  Case Information

  • Case Number: State of San Andreas v. Anthon Cerbach
    Incident Date: 10/FEB/2024

  Witness Information

  • Name: Mikael Cowell
    Date of Birth: 23/AUG/1995
    Phone Number: Redacted
    Occupation: Gang Detective, LSPD

  Witness Statement

  • During the 10/FEB/2024, I myself, Detective Cowell with the Gangs and Narcotics Division was conducting an investigation to Mr. Cerbach. I had knowledge of his location prior and was monitoring his movements.
    
    I witnessed him carrying items from the inside of a mansion, to his semi-truck parked on the road. Preliminary investigation had already given reason to suspect this might be a burglary in progress. At this time, I called for Detective Kayne and an AIR unit to be on standby.
    
    I decided not to intervene immediately, but stayed back. Once he left the house, I had a helicopter track all his movements. As he headed into the pawn shop, I decided to intervene. I called for Detective Kayne to check out if the house appeared broken int to. After a short moment I got confirmation from him that the owner is missing items. I conducted a full search on his person due to the ongoing investigation, I did that and discovered multiple stolen items in his possession.
    
    It was confirmed that he had indeed stolen the items from the earlier mentioned mansion and with him entering the pawn shop with the stolen items and dropping the crate next to the desk, I decided to apply the attempted GM05.
    
    According to the penal code;

    Buying, receiving, concealing, selling stolen property.

    The person entered the pawn shop with the stolen property, which leads a reasonable person to believe that he is attempting to sell said stolen property.

  Witness Affirmation

  • I, Mikael Cowell, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
    
    Signed,
    
    
    Police Detective I Mikael Cowell
    Gang and Narcotics Division
    Los Santos Police Department
    Date: 24/MAR/2024

  

• Exhibit #3: Bodycam footage - Handling of evidence

  Bodycam footage

  
  

  ((Proof of RP))

  
  

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Defendant, Anthon Cerbach, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;

• Reasoning: 24 Hour continuance to finalize mostion.
  • Detailed Explanation: The Defense is requesting a 24-hour continuance to finalize motion that will be posted on the docket.

Public Defense Attorney
San Andreas Judicial Branch
(909) 2956979 — [email protected]

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The Defendant, Anthon Cerbach , by and through the undersigned attorney, filed this Motion to Suppress, and requests to following be suppressed from evidence;

• Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024
  Specifically, the Highlighted sections:
  Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024

  
  Please note that the arrest report includes a timestamp of who and when the arrest report was submitted to account for the clerical error within the original report which states the incident occurred on the 8th of February when it in fact took place on the 10th of February. This is further corroborated by the body-cam footage and witness statements supplied.
  

  Mikael Cowell wrote: ↑10 Feb 2024, 18:08

  

  Los Santos Police Department ARREST REPORT "TO PROTECT AND TO SERVE"

  
  

  ---

  MUGSHOT

  • SUSPECT DETAILS
    • 
      Full Name: Anthon Cerbach
      Phone Number: 5951420
      Licenses Suspended: No
      Officers Involved:
      • Police Detective I Mikael Cowell
      Charges:
      • GF10 - Grand Theft
      • GF15 - Burglary
      • Attempted GM05 - Receiving Stolen Property
    INCIDENT NARRATIVE
    • Incident Date: 08/FEB/2024
      
      Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
      • Arrested at the conclusion of a GND, was observed robbing a house and arrested when he had carried the stolen items in to the pawn shop to sell them.
        
        Legal items stored at Mission Row, all illegal evidence destroyed.
    EVIDENCE DETAILS
    • Document the possessions confiscated from the arrested suspect.
      Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.
      
      Where possible, the serial number of each firearm seized as evidence should be noted.
      • Illegal Possessions:
        Exhibit A: 15x Scratched Furniture (worth approx. 21k)
        Exhibit B: 12x Packed Money (worth approx. 36k)
        Exhibit C: 2x Speakers
        Exhibit D: 1x Drill
        Exhibit E: 1x Bolt Cutter
        
        
        Legal Possessions:
        Exhibit A: 1xRadio
        Exhibit B: 1xKnife
        
        
        Photograph of Possessions (MANDATORY)

        

  

  Lack of Foundation
  In the arrest report, it mentions that Anthon Cerbach "was observed robbing a house," we request that this section be suppressed due to the lack of foundation. The arrest report fails to outline how the officer came to the conclusion that the defendant was "robbing a house". There is no explanation of the officer's observation, the context of their surveillance, or any specific actions that led them to conclude without speculation that a robbery was occurring.
  
  Further in the statement, the arrest report also states, that the defendant "carried the stolen items into the pawn shop to sell them." This statement too lacks foundation, as it presumes that the items were stolen, without providing any evidence or context to support this assumption. The arrest report and the following two exhibits, do not show how the officers came to the conclusion that the items were stolen or what led them to believe that the items were stolen. Without this, the assertion that the items were stolen is speculative and should be considered insufficient to justify the following actions taken by the officers
  .
  Exhibit #2: Witness Statement - Police Detective I Mikael Cowell
  Specifically, the Highlighted section:
  
  Exhibit #2: Witness Statement - Police Detective I Mikael Cowell

  

  

  
  San Andreas Judicial Branch
  Official Witness Statement
  "HERE FOR YOU | SAFE FOR YOU"

  Case Information

  • Case Number: State of San Andreas v. Anthon Cerbach
    Incident Date: 10/FEB/2024

  Witness Information

  • Name: Mikael Cowell
    Date of Birth: 23/AUG/1995
    Phone Number: Redacted
    Occupation: Gang Detective, LSPD

  Witness Statement

  • During the 10/FEB/2024, I myself, Detective Cowell with the Gangs and Narcotics Division was conducting an investigation to Mr. Cerbach. I had knowledge of his location prior and was monitoring his movements.
    
    I witnessed him carrying items from the inside of a mansion, to his semi-truck parked on the road. Preliminary investigation had already given reason to suspect this might be a burglary in progress. At this time, I called for Detective Kayne and an AIR unit to be on standby.
    
    I decided not to intervene immediately, but stayed back. Once he left the house, I had a helicopter track all his movements. As he headed into the pawn shop, I decided to intervene. I called for Detective Kayne to check out if the house appeared broken int to. After a short moment I got confirmation from him that the owner is missing items. I conducted a full search on his person due to the ongoing investigation, I did that and discovered multiple stolen items in his possession.
    
    It was confirmed that he had indeed stolen the items from the earlier mentioned mansion and with him entering the pawn shop with the stolen items and dropping the crate next to the desk, I decided to apply the attempted GM05.
    
    According to the penal code;

    Buying, receiving, concealing, selling stolen property.

    
    The person entered the pawn shop with the stolen property, which leads a reasonable person to believe that he is attempting to sell said stolen property.

  Witness Affirmation

  • I, Mikael Cowell, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))
    
    Signed,
    
    
    Police Detective I Mikael Cowell
    Gang and Narcotics Division
    Los Santos Police Department
    Date: 24/MAR/2024

  
  In the statement, he stated, "After a short moment I got confirmation from him that the owner is missing items,". Again, this statement lacks foundation. Nowhere has he detailed how the items were confirmed as stolen. He provides no detail on who confirmed it was stolen, how this information was provided to him or the nature of the evidence that led to this conclusion.
  
  The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It prohibits law enforcement officers from performing searches on individuals without a warrant.
  
  Detective Cowell's decision to perform a full search of the defendant Is a breach of his Fourth Amendment right as there was no probable cause to do so. The search was conducted without sufficient evidence directly linking Cerbach to the alleged theft, rendering the search unreasonable and unconstitutional.
  
  Exhibit #3: Bodycam footage - Handling of evidence
  The footage and any evidence resulting from the illegal search of the Defendant's person.
  
  
  The lack of a solid foundation for the confirmation of stolen items directly impacts the legality of the search. Without a valid basis for probable cause, the search cannot be deemed lawful. Evidence obtained through a violation of the Fourth Amendment is inadmissible in court, therefore this should be inadmissible also.
  
  As the statement regarding the confirmation of stolen items lacks substantive detail, it further supports the argument that the search was conducted without proper reason. Consequently, any evidence discovered as a result of this unlawful search, including statements and physical items, must be suppressed.

Public Defense Attorney
San Andreas Judicial Branch
(909) 2956979 — [email protected]

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The State of San Andreas, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;

• Reasoning: Gathering new evidence
  • Detailed Explanation: The Prosecution is asking for a continuance of seven (7) days to further investigate the incident and gather new evidence.
    ((This request is made following the recent decision by staff to void an exhibit. We would like a chance to go through Alt-RP to re-do the RP that was voided.))

Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]

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• Parties,
  
  The Court has been made aware of the reasons for the continuance having not ceased. With that in mind, the Court will allow a final 5-day continuance from the moment this notice is published.
  
  Best regards,
  
  
  Superior Court Justice
  Director of the San Andreas Bar Association
  San Andreas Judicial Branch
  (909) 553-8869 — [email protected]

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The State of San Andreas, by and through the undersigned attorney, filed this Motion for Voluntary Dismissal Without Prejudice, and the reasoning for request is as follows;

• Reasoning: Misplaced evidence
  • Detailed Explanation: Critical evidence has been lost and the Prosecution does not wish to prosecute with current discovery.

Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]

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Motion & Arguments
The prosecution filed a Motion for Voluntary Dismissal without Prejudice on August 25th, 2024. The reasoning behind said request stated that the Office of the Attorney General considers that critical evidence had been lost, and they did not wish to prosecute with the current discovery.

Considerations
The Superior Court affirms, as once decided on #24-CM-0021, State v. Wolff, that allowing the prosecution to dismiss without prejudice an already initiated case on the basis of having insufficient evidence exposes the defendant to an excessive, unlimited or otherwise uncontrolled degree of interference against their constitutional rights by the State, and thus ignores the constitutional prohibition of double jeopardy.

The Court believes that any arrest is covered by a presumption of legality, and thus, the Court believes it to be reasonable that agencies have sufficient evidence on the date that they perform an arrest. The Court considers that allowing the current motion would make the defendant face a burden that they are not legally bound to.

The Prosecution's or the police's mismanagement of evidence does not allow the Court to tolerate the prolongation of a defendant's case, particularly because, citing the previous case:

At the time of levying these charges, it is presumed that the LSPD possessed evidence supporting the arrest. Any further delay in this case becomes increasingly untenable.

In the absence of evidence against a defendant, the charges levied against them must follow the fate of the evidence -the main element to support any arrest-. In other words, in the absence of evidence, there must be an absence of punishment. The Court cannot be willing to contribute to the unjustified prolongation or prosecution of circumstances or facts lacking evidence, specially when the Prosecution had been granted ample time to produce discovery and two continuances.

Decision
Considering the points outlined above, the Court rejects the Motion for Voluntary Dismissal without Prejudice presented by the State. In turn, the Court would allow said motion with Prejudice, however, this is a decision that can only be taken by the State.

So ordered,

Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
(909) 553-8869 — [email protected][/list]

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• Honorable Judge McFornell and pertaining parties,
  
  The Prosecution will take the court's decision into advisement and agree to the altered motion.
  
  Regards,
  
  Terence Williams
  Acting Attorney General
  San Andreas Judicial Branch
  (909) 234-9321 — [email protected]

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The case of #24-CM-0050, State of San Andreas v. Anthon Cerbach has been resolved.

A Motion for Voluntary Dismissal with Prejudice has been filed by the Prosecution and accepted by the Court.

It is with the above considerations that I issue the following verdict:

• On the count of GF10 - Grand Theft, I find the defendant, Anthon Cerbach, not guilty.
• On the count of GF15 - Burglary, I find the defendant, Anthon Cerbach, not guilty.
• On the count of Attempted GM05 - Receiving Stolen Property, I find the defendant, Anthon Cerbach, not guilty.

The defendant shall be entitled to compensation in the amount of $27,500. This compensation can be handled at Rockford Hills City Hall by a qualified judge.

So ordered,

Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch