08 18 MOTON TO SUPRESS EVIDENCE, SEARCH WITH A WARRANT

• Library: Arkansas Form Book - Complete (2023 Ed.)

08-18 MOTON TO SUPRESS EVIDENCE, SEARCH WITH A WARRANT

[CAPTION]

MOTION TO SUPPRESS SEARCH AND SEIZURE—SEARCH UNDER A WARRANT

Defendant moves to suppress the search of [his/her] house [or other property] done under a search warrant under the Fourth Amendment to the U.S. Constitution, Ark. Const, art. 2, § 15, or Ark. R. Crim. P. 13.1-13.6 or all, and [he/she] states as follows:

1. Defendant's home [or other property] was searched under a search warrant issued on [date] by [court].

2. Despite the deference affidavits for search warrants are entitled to, this affidavit for the search warrant wholly failed to show probable cause for the search because [state the reasons why it is wholly lacking in probable cause; e.g., the affidavit was conclusory, the informant was not adequately corroborated, the showing of probable cause was stale, the showing of probable cause failed to show nexus of the crime under investigation to the premises, the search warrant lacked particularity].

[3. In executing the search warrant, the officers seized things outside the warrant which could not legitimately be seized; i.e., [what was seized].]

[4. In executing the search warrant the officers acted unreasonably in [what they did, as is unnecessarily destroy property; searched at night without a nighttime warrant].]

[5. Evidentiary exclusion is required under Ark. R. Crim. P. 16.2(e)) and Herring v. United States, 555 U.S. 135, 144-47 (2009), because [explain in detail why].]

[6. The good faith exception of United States v. Leon, 468 U.S. 897 (1984), is inapplicable because [explain in detail why].]

[SIGNATURE BLOCK]

[CERTIFICATE OF SERVICE] NOTES

1. This can only be an outline because search issues are too factually and legally complex to lend themselves to just filling in the blanks. Work will be required to develop a proper and sufficient motion to suppress to put the State and court on notice as to the issues and plead a prima facie case to get a hearing on the motion. The defense always has the burden of pleading and of proof. If the issue is a lack of probable cause on the face of the affidavit, defense counsel should attach the affidavit for the search warrant to the motion to suppress.

2. Searches under a search warrant are presumed valid and issued with probable cause. United States v. Ventresca, 380 U.S. 102, 109 (1965); Franks v. Delaware, 438 U.S. 154, 171 (1978). When there is a search warrant, the burden is on the defendant to show the search was invalid. Therefore, to...