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.
A Georgia Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest is a legal document filed by the defendant in a criminal case. This motion requests the court to exclude any evidence obtained through an unlawful search, seizure, or arrest from being used against the defendant during the trial. By filing this motion, the defendant aims to protect their constitutional rights against unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. In Georgia, there are several types of motions to suppress evidence that can be filed in different circumstances: 1. Motion to Suppress Evidence based on Lack of Probable Cause: This type of motion argues that the law enforcement officers did not have sufficient grounds to believe that a crime had been committed or that the defendant was involved in criminal activity. If the court determines that there was no probable cause, any evidence obtained as a result of the unlawful search, seizure, or arrest may be suppressed. 2. Motion to Suppress Evidence based on Violation of Miranda Rights: This motion asserts that the defendant's Miranda rights were violated during the arrest or the subsequent interrogation by the police. If the court finds this to be true, any evidence obtained during the custodial interrogation without a proper reading of Miranda rights may be suppressed. 3. Motion to Suppress Evidence based on an Illegal Search and Seizure: This motion argues that the search conducted by law enforcement officers was illegal, as it violated the defendant's reasonable expectation of privacy. If the court agrees, any evidence obtained from the unlawful search and seizure may be suppressed. 4. Motion to Suppress Evidence based on Violation of Knock-and-Announce Rule: This motion claims that the law enforcement officers did not follow the required procedure of announcing their presence and purpose before entering a private property while executing a search warrant. If the court determines a violation of the knock-and-announce rule, any evidence seized during the search might be suppressed. 5. Motion to Suppress Evidence based on Fabricated or False Evidence: This type of motion alleges that the police officers involved in the case fabricated or falsified evidence to support their search, seizure, or arrest. If the court finds this to be true, the defendant can request the suppression of the evidence obtained as a result of the fabrication or falsification. It is important to note that the success of a Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest depends on the merits of the case and the evidence presented to the court. Legal representation is crucial in preparing and presenting these motions effectively.
