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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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An unlawful arrest occurred while traveling on public road.

Resolved Question:

An unlawful arrest occurred while traveling on public road. There has been no proof of probable cause and or a warrant for search and seizure as written in Amendment IV of United States Constitution 1791. What would be the best way to approach this situation. And with what Writ, motion, or order should I begin with?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

I suggest you will need to file a Motion to Dismiss and you will need to be prepared to present case law showing that there was a violation of your rights because there was no probable cause to make a stop which then result in the arrest.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated..
Customer: replied 1 year ago.
Thank you very much for the fast response. Will you share with me a template, format or example to follow? I need to draft one up. Also if I wanted to seek relief would that be included in the motion to dismiss? Or is that a different Motion. I am used to submitting affidavits as appose to motions
Expert:  Samuel II replied 1 year ago.

Hello

The relief you are seeking is a Dismissal of the charges.

If you want to file a civil lawsuit that is a separate proceeding and so I suggest that you will want to consult with a local civil attorney to assist you with that since it is against a government entity.

The Motion to Dismiss is entitled just that and then you state something similar to the following. Now comes the Defendant and request the charge in the above captioned matter be dismissed and in support of said motions states that

1 - and then here is you put that there was no probable cause for the stop

2 - and said stop result in an illegal search and seizure

3 - and any evidence gathered as a result of the illegal search and seizure should be deemed inadmissible and as such

The relief sought is a dismissal of this matter.

And that is the best I can do for you otherwise, it can be construed as giving legal advice and not information and giving legal advice is prohibited under the Terms of Service of this website.

You also can go to the pubic library and get a legal form book and find this motion or from the clerk of the court who can make a copy of one for you to follow

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22526
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Im sure there is template or a mock up you can forward to me. If there is it will be totally appreciated.

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Samuel II
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Handle criminal matters in both state and federal courts.