This is an example of a memorandum in support of a Motion to Suppress. The attorney for the defendant argues that a full body cavity search performed on his client after being stopped by police violated the defendant’s fourth amendment rights and that the search should be suppressed.
Louisiana Memorandum regarding Motion to Suppress
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Some examples of evidence commonly suppressed include: Evidence obtained by an unreasonable search in violation of your Fourth Amendment rights. Evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of your Fourth Amendment rights.
You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.
The procedural process of filing a motion to suppress evidence begins when you notify the court and the prosecution that you believe there has been a violation of the law, of someone's rights, or of the procedural standards. The court would then schedule a hearing.
While in general, on a motion to suppress, the defendant has the burden of proving, by a preponderance of the evidence, that the material in question was seized in violation of his constitutional rights, there are several situations where the burden shifts to the government. United States v. De La Fuente, 548 F.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
Penal Code 1538.5 PC Motion to suppress evidence. ((o) Within 30 days after a defendant's motion is granted at a special hearing in a felony case, the people may file a petition for writ of mandate or prohibition in the court of appeal, seeking appellate review of the ruling regarding the search or seizure motion.
Use general discovery motions to your advantage. Always cite Tex. File a motion in limine along with your motion to suppress. Request a jury charge. Don't reveal specific grounds for the motion until the hearing. Consider Tex. Attack the probable cause affidavit.
1Use general discovery motions to your advantage.2Always cite Tex.3File a motion in limine along with your motion to suppress.4Request a jury charge.5Don't reveal specific grounds for the motion until the hearing.6Consider Tex.7Attack the probable cause affidavit.Winning Your Motion to Suppress 8 Tips - James Publishing\njamespublishing.com > winning-motion-to-suppress