HUNTSVILLE, Ala (WHNT) — An attorney for Huntsville City Councilman Devyn Keith has moved to have evidence obtained from Keith suppressed.
The motion asks the Madison County District Court to suppress evidence of a physical, written or oral nature seized or made by Keith during his initial arrest for misdemeanor theft of property charges.
The motion gave several grounds including that any evidence obtained was a result of what the motion calls an “Illegal search and/or seizure in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States in that they were conducted with search warrants without probable cause and without the consent of the defendant.”
The motion also says that the evidence was gathered while Keith had not been properly read his Miranda Rights.
“The illegal arrest, search and seizure or detention took place during a time when the defendant was not advised f his/her constitutional rights pursuant to Miranda V. Arizona,” the motion said.
The motion also argued that any statements obtained from the defendant were collected in violation of his right against self-incrimination and his right to legal counsel.
The motion said that further grounds for suppression will be developed and presented in detail a hearing to discuss the motion.
Keith was originally arrested on Feb. 2 and has since been charged with four counts of fourth-degree theft of property in relation to four alleged incidents at Walmart stores. Arrest warrants in the case show the first incident was in November 2022 and the last was on Feb 2.
Keith spoke on the incident during a city council meeting on Thursday. While he said he would not discuss litigation, he did apologize to city employees, family and the community.
“What you are looking at is the maturing of a man,” he said.