The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
District of Columbia Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
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Multi-State
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US-02305BG
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How to fill out Motion To Suppress Evidence When Property Was Seized As Result Of An Unlawful Search, Seizure, And Arrest?
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FAQ
The U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
The rule is not contained in the actual language of the fourth amendment. It came into existence with the 1914 decision in Weeks v. United States and became completely applicable to the States in the 1961 case of Mapp v. Ohio.
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A search warrant may be issued under this rule to search for and seize any: (1) evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) weapons or other things by means of which a crime has been committed or reasonably appears about to ...
It came into existence with the 1914 decision in Weeks v. United States and became completely applicable to the States in the 1961 case of Mapp v. Ohio. Most of the limits on the rule were created or expanded by the Burger Supreme Court of the 1970's and 1980's.
Weeks v. U.S. Formed the basis for the exclusionary rule. The understanding, based on U.S. Supreme Court precedent, that incriminating information must be seized ing to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial.
The Supreme Court agreed and applied to the states the exclusionary rule from Weeks v. United States(1914). Learn more about this case.