Attorneys Try to Suppress Rudolph Evidence

Claiming that his capture was the result of an illegal detention and arrest, attorneys for accused abortion clinic bomber Eric Rudolph have filed a motion to suppress all evidence seized at his remote mountain campsite.

Papers filed with the motion said since there is no law in Murphy, N.C. against rummaging through a trash dumpster, and the arresting officer did not recognize Rudolph until after his detention, his arrest was illegal. They argue that any evidence seized during the next two days, before Rudolph had legal representation, should be suppressed.

Rudolph told the police the location of his two camp sites before he was assigned an attorney. The defense motion said the government had already agreed not to use any evidence gathered after Rudolph was identified, including evidence gathered from two camp sites, CNN reported.

Rudolph was arrested by a rookie police officer on routine patrol in Murphy, NC on May 31, 2003 as he was searching through a dumpster behind a grocery store for food. Rudolph told officer Jeff Postell that his name was Jerry Wilson from Ohio. He was not identified as Rudolph until after he was taken to jail.

See CNN: Motion to Suppress Evidence Filed in Rudolph Case

Background: The Eric Rudolph Case
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