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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:
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.
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