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.
Minnesota Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
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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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Once an officer has stopped you, they can form probable cause to search or arrest you based on additional observations. Probable cause is determined on a case-by-case basis, looking at the totality of the circumstances. The officer needs to have more than a "hunch" or a suspicion that you were up to something illegal.
Probable cause means that the police officer has reasonable grounds to believe that a crime has been committed, or that evidence of a crime can be found in your vehicle. For example, if an officer smells marijuana coming from your car, they may have probable cause to search your vehicle.
If your lawyer believes that there is an issue with the evidence that has been presented against you, they may file what's known as a motion to suppress. If granted, this means that the evidence in question would be not be able to be used against you to build the prosecution's case.
If a defendant or the prosecutor demands a speedy trial in writing or on the record, the trial must begin within 60 days. The 60-day period begins to run on the day of the not guilty plea, and may be extended for good cause shown on motion of the prosecutor or the defendant, or on the court's initiative.
Rule 33.03Notice of Orders Upon entry of an order, the court administrator must promptly transmit a copy to each party and document the transmission. The court administrator may provide a copy by electronic means as authorized or required by Rule 14 of the Minnesota Rules of General Practice.
The 48-hour rule in Minnesota states that a person cannot be detained for more than 48 hours from the time of arrest unless a a judge has signed a complaint (the person has been charged) or the Judge has made a judicial determination that probable cause exists.
Examples of exigent circumstances would be that the defendant may commit another crime, the defendant may harm himself or someone else, or when the officer is in fresh pursuit. The use of citations is controlled by Rule 4.02 Subd 2 of the Minnesota Rules of Criminal Procedure.
CHAPTER 626. PEACE OFFICERS; SEARCHES; PURSUIT; MANDATORY REPORTING. PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.