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.
In Michigan, a Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest is a legal process invoked by a defendant to challenge the admissibility of evidence obtained through an unconstitutional or illegal search and seizure. This motion aims to exclude such evidence from being used against the accused during trial, as it violates their Fourth Amendment rights protecting against unreasonable searches and seizures. When property is unlawfully seized as a result of an unconstitutional search, seizure, and arrest, several types of motions can be filed in Michigan. The most common types include: 1. Motion to Suppress Evidence: This motion seeks to suppress or exclude any evidence obtained illegally or in violation of constitutional rights. It asserts that the evidence was improperly collected, and its inclusion would be prejudicial to the defendant's case. 2. Motion to Suppress Search Warrant: This motion challenges the validity of a search warrant and requests its suppression. It alleges that the warrant was issued based on false information, lacked probable cause, or was executed in an unconstitutional manner, resulting in an unlawful search and seizure. 3. Motion to Suppress Evidence based on Lack of Consent: If evidence was obtained without the defendant's voluntary and informed consent, this motion can be filed. It argues that the defendant did not grant permission for the search or seizure, and thus any evidence obtained should be deemed inadmissible. 4. Motion to Suppress Evidence based on Miranda Rights Violation: This motion alleges that the defendant's rights under the Miranda warning were violated during their arrest or interrogation. It claims that any statements or evidence obtained after the violation should be suppressed as they were involuntarily or improperly obtained. 5. Motion to Suppress Evidence based on Racial or Profiling Discrimination: If a defendant believes that they were targeted for an unlawful search, seizure, and arrest based on racial or ethnic profiling, this motion can be raised. It asserts that the actions of law enforcement were discriminatory and violated their constitutional rights. In conclusion, a Michigan Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest refers to the legal process through which a defendant challenges the admissibility of evidence obtained unconstitutionally. Different types of motions exist, including the Motion to Suppress Evidence, the Motion to Suppress Search Warrant, the Motion to Suppress Evidence based on Lack of Consent, the Motion to Suppress Evidence based on Miranda Rights Violation, and the Motion to Suppress Evidence based on Racial or Profiling Discrimination. These motions aim to prevent the use of unlawfully obtained evidence, ensuring a fair trial and protecting the defendant's constitutional rights.
