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 New Hampshire Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest is a legal procedure used to challenge the validity or admissibility of evidence obtained through an illegal search, seizure, or arrest. This motion aims to exclude any evidence from being presented in court if it was unlawfully obtained, ensuring a fair trial for the accused. In New Hampshire, there are various types of motions to suppress evidence that can be filed depending on the circumstances of the search, seizure, and arrest. These include: 1. Motion to Suppress Evidence based on Unreasonable Search: This motion challenges the legality of the search conducted by law enforcement. It argues that the search violated the accused person's Fourth Amendment rights against unreasonable searches and seizures. 2. Motion to Suppress Evidence based on Lack of Probable Cause: This motion argues that at the time of the search, seizure, or arrest, the law enforcement officers did not have sufficient evidence or reasonable grounds to establish probable cause for the action taken. This lack of probable cause invalidates any evidence obtained as a result of the unlawful actions. 3. Motion to Suppress Evidence based on Violation of Miranda Rights: If the accused was not properly informed of their Miranda rights during the arrest or subsequent interrogation, this motion challenges the admissibility of any statements or confessions made as a result of this violation. 4. Motion to Suppress Evidence based on Chain of Custody: This motion focuses on challenging the proper handling and preservation of the seized property, arguing that the evidence may have been tampered with or contaminated. Any compromising of the chain of custody can lead to evidence being deemed inadmissible. 5. Motion to Suppress Evidence based on Warrant Deficiencies: If the search and seizure were conducted with a warrant, this motion contests the validity of the warrant, alleging that it was issued without sufficient probable cause or failed to meet other legal requirements for obtaining a valid search warrant. 6. Motion to Suppress Evidence for Fruit of the Poisonous Tree: This motion argues that any evidence obtained as a direct or indirect result of an illegal search, seizure, or arrest should be excluded. If the initial violation is deemed unlawful, any evidence obtained thereafter is considered 'fruit of the poisonous tree,' and therefore tainted and inadmissible. It is important to consult with a qualified attorney in New Hampshire familiar with criminal defense law to determine which specific type of motion to suppress evidence is most appropriate for the given circumstances. Each case is unique, and the type of motion filed will depend on the specific facts and legal arguments applicable to the situation.A New Hampshire Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest is a legal procedure used to challenge the validity or admissibility of evidence obtained through an illegal search, seizure, or arrest. This motion aims to exclude any evidence from being presented in court if it was unlawfully obtained, ensuring a fair trial for the accused. In New Hampshire, there are various types of motions to suppress evidence that can be filed depending on the circumstances of the search, seizure, and arrest. These include: 1. Motion to Suppress Evidence based on Unreasonable Search: This motion challenges the legality of the search conducted by law enforcement. It argues that the search violated the accused person's Fourth Amendment rights against unreasonable searches and seizures. 2. Motion to Suppress Evidence based on Lack of Probable Cause: This motion argues that at the time of the search, seizure, or arrest, the law enforcement officers did not have sufficient evidence or reasonable grounds to establish probable cause for the action taken. This lack of probable cause invalidates any evidence obtained as a result of the unlawful actions. 3. Motion to Suppress Evidence based on Violation of Miranda Rights: If the accused was not properly informed of their Miranda rights during the arrest or subsequent interrogation, this motion challenges the admissibility of any statements or confessions made as a result of this violation. 4. Motion to Suppress Evidence based on Chain of Custody: This motion focuses on challenging the proper handling and preservation of the seized property, arguing that the evidence may have been tampered with or contaminated. Any compromising of the chain of custody can lead to evidence being deemed inadmissible. 5. Motion to Suppress Evidence based on Warrant Deficiencies: If the search and seizure were conducted with a warrant, this motion contests the validity of the warrant, alleging that it was issued without sufficient probable cause or failed to meet other legal requirements for obtaining a valid search warrant. 6. Motion to Suppress Evidence for Fruit of the Poisonous Tree: This motion argues that any evidence obtained as a direct or indirect result of an illegal search, seizure, or arrest should be excluded. If the initial violation is deemed unlawful, any evidence obtained thereafter is considered 'fruit of the poisonous tree,' and therefore tainted and inadmissible. It is important to consult with a qualified attorney in New Hampshire familiar with criminal defense law to determine which specific type of motion to suppress evidence is most appropriate for the given circumstances. Each case is unique, and the type of motion filed will depend on the specific facts and legal arguments applicable to the situation.
