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.
Texas Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
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Multi-State
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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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FAQ
Police may search a vehicle if there is probable cause to believe that the car contains evidence of criminal activity. For example, if a car interior smells like marijuana, the police can search the vehicle. Under this exception, the police can search the car trunk or containers where contraband could be found.
If police found evidence without a valid search warrant or a warrant exception, it can be an illegal search. The exclusionary rule is the penalty for illegal searches. It excludes the evidence that was found. Defendants can ask the court to exclude evidence by filing a motion to suppress evidence.
Texas search and seizure laws are primarily based on the Fourth Amendment to the U.S. Constitution. The laws limit the power of police to search and seize people and their property, including motor vehicles. If the police overstep their lawful mandate, you can always file a motion to suppress the evidence.
The Texas Rules of Evidence do not apply in a Motion to Suppress hearing in Texas. For example, a prosecutor may introduce hearsay evidence in a suppression hearing. Evidence in a Motion to Suppress hearing must still be relevant and reliable.
Rule 588 Motion for Return of Property reads: A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof.
Examples of Unreasonable Searches and Seizures There are many situations where illegal search and seizure can occur. A police officer searches your car during a routine traffic stop without probable cause or your consent. Law enforcement officers enter your home without a warrant or consent and conduct a search.
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.