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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
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Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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What state statursto use fot a motion to suppress And also

Resolved Question:

What state statursto use fot a motion to suppress? And also a draft on how to write it.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 4 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney, former Deputy District Attorney, and member of the American Bar Association.

 

The right to file a suppression motion does not come from a particular state statute but rather the right comes from the United States Constitution by and through the Fourteenth Amendment. Basically, one is saying evidence should be suppressed because it was obtained in a way that violated the defendants right to be free from unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution, as applied to the states through the Fourteenth Amendment. Motions to suppress can be filed with the court at almost anytime so long as the court gives leave. Below you will find draft on how to write a suppression motion. Most of the facts, etc, will have to be filled in by you, and the law . . . well, I've already provided that to you.

 

 

First, for the caption, write the defendant's name and case number XXXXX was assigned to it by the clerk of courts. If you don't know get it from the clerk of courts. (Then write the following):

 

And now comes the Defendant, (Enter Defendants name), respectfully XXXXX XXXXX following:

  • 1. The Defendant was charged under the above captioned information with (insert crime(s)).
  • 2. Charges resulted from a police contact.
  • 3. Insert all facts of the arrest and subsequent search and seizure.
  • 11. Then write the following lines: The Defendant avers the stop affected by Officers was an investigative detention.
  • 12. Investigative detentions require reasonable suspicion of unlawful activity because the interaction has elements of official compulsion to stop or respond. Com. v. DeHart, 745 A.2d 633, 636 (Pa. Super. 2000).
  • 13. The Defendant avers Officers Hagan and Brown lacked reasonable suspicion to conduct a legally permissible investigative detention and all evidence obtained as a result thereof should be suppressed.
  • 14. The Defendant further avers all evidence seized on (insert date), must be suppressed as violating his right to be free from unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution, as applied to the states through the Fourteenth Amendment and Article I, Section 8 of the Pennsylvania Constitution.

WHEREFORE, the Defendant Prays this Honorable Court to schedule a hearing and, after argument, suppress all evidence.

 

And that is it. Obviously, an attorney is better equipped to help you in this endeavor, but I have provided you with enough information to get your case in front of the court if you currently lack an attorney.

 

I hope this helps! Please, click "Accept" if you found my answer helpful so I may received credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!!



Edited by A.S.B., Esq. on 3/2/2010 at 9:06 PM EST
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
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