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 the state of Washington, a Motion to Suppress Evidence may be filed when property has been seized as a result of an unlawful search, seizure, and arrest. This legal motion aims to exclude the unlawfully obtained evidence from being used against the defendant in court. When property is seized without following proper legal protocols, such as obtaining a valid search warrant or having probable cause, the search and seizure can be deemed unlawful. Additionally, if an arrest is made without proper grounds, it can further contribute to the unlawfulness of the situation. In such cases, the defendant or their attorney can file a Motion to Suppress Evidence, arguing that the seized property should be excluded from being presented as evidence. It is important to note that there are different types of Motion to Suppress Evidence in Washington, depending on the specific circumstances of the unlawful search, seizure, and arrest. Some common types of these motions include: 1. Motion to Suppress Evidence based on an invalid search warrant: If the search warrant used to conduct the search and seizure was obtained unlawfully, such as through faulty information or without meeting legal requirements, a motion can be filed to exclude any evidence obtained during that search. 2. Motion to Suppress Evidence based on lack of probable cause: A motion can be filed if the search and seizure occurred without sufficient probable cause. This means that the law enforcement officers did not have reasonable grounds to believe that a crime had been committed, leading to an unjustified arrest and seizure of property. 3. Motion to Suppress Evidence based on violations of the defendant's constitutional rights: If the defendant's constitutional rights were violated during the search, seizure, and arrest, a motion can be filed on the grounds of those violations. This can include situations where law enforcement officers used excessive force, conducted an unreasonable search, or violated the defendant's right to due process. 4. Motion to Suppress Evidence based on an unlawful stop and frisk: In cases where the defendant was subjected to an unlawful stop and frisk, resulting in the seizure of property, a motion can be filed to suppress any evidence obtained during this unconstitutional act. These various types of motions provide the defendant or their attorney with opportunities to challenge the legality of the search, seizure, and arrest, ultimately seeking the exclusion of unlawfully obtained evidence. By filing a Motion to Suppress Evidence, the defense aims to protect the defendant's rights and ensure a fair trial, promoting the integrity of the justice system.
