DOJ-OGR-00005734.pdf

--- Page 1 --- **Case 1:20-cr-00330-PAE** **Document 391** **Filed 10/29/21** **Page 9 of 11** Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence" is error. Melendez-Diaz v. Massachusetts, 557 U.S. 305, 329 (2009). **IV. Conclusion** For the foregoing reasons, Ms. Maxwell respectfully requests that the Court exclude from trial all items purportedly seized during search of 358 El Brillo Way on October 20, 2005 and Government Exhibit 295, the affidavit. **Dated: October 18, 2021** **6** **DOJ-OGR-00005734**