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    Motion To Suppress Illegally Seized Evidence

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    Ernie B Labrador
    This motion seeks to suppress evidence obtained during the arrest and search of the defendant. It argues that the stop, arrest, search and seizure of evidence were conducted without probable cause or warrant and were therefore illegal and violated the defendant's constitutional rights. It also argues that any statements made were not voluntary and were obtained in violation of proper procedure. The motion requests that all tangible evidence, statements, test results and testimony derived from these actions be suppressed from trial.

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    Motion To Suppress Illegally Seized Evidence

    Uploaded by

    Ernie B Labrador
    204 views7 pages
    This motion seeks to suppress evidence obtained during the arrest and search of the defendant. It argues that the stop, arrest, search and seizure of evidence were conducted without probable cause or warrant and were therefore illegal and violated the defendant's constitutional rights. It also argues that any statements made were not voluntary and were obtained in violation of proper procedure. The motion requests that all tangible evidence, statements, test results and testimony derived from these actions be suppressed from trial.

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    This motion seeks to suppress evidence obtained during the arrest and search of the defendant. It argues that the stop, arrest, search and seizure of evidence were conducted without probable cause or warrant and were therefore illegal and violated the defendant's constitutional rights. It also argues that any statements made were not voluntary and were obtained in violation of proper procedure. The motion requests that all tangible evidence, statements, test results and testimony derived from these actions be suppressed from trial.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    204 views7 pages

    Motion To Suppress Illegally Seized Evidence

    Uploaded by

    Ernie B Labrador
    This motion seeks to suppress evidence obtained during the arrest and search of the defendant. It argues that the stop, arrest, search and seizure of evidence were conducted without probable cause or warrant and were therefore illegal and violated the defendant's constitutional rights. It also argues that any statements made were not voluntary and were obtained in violation of proper procedure. The motion requests that all tangible evidence, statements, test results and testimony derived from these actions be suppressed from trial.

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    © All Rights Reserved
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    You are on page 1of 7

    1CAUSE NO.

    _________

    STATE OF TEXAS § IN THE___________ COURT OF


    §
    V. § _____________COUNTY, TEXAS §
    §
    [DEFENDANT] § ______TH JUDICIAL DISTRICT

    MOTION TO SUPPRESS ILLEGALLY SEIZED EVIDENCE

    TO THE HONORABLE JUDGE OF SAID COURT:

    COMES NOW __________________, Defendant in the above-styled and numbered cause,

    and files this motion to suppress certain evidence that was obtained illegally and for cause would

    show the court the following:

    I.

    The Defendant moves the Court to suppress the following evidence:

    A. All tangible evidence seized on or about [date], from the Defendant at, [the

    residence at ____________________________ or the business establishment located at

    ____________________ or the motor vehicle] owned or occupied by the Defendant, including, but

    not limited to_______________________ [list each item sought to be suppressed].

    B. All statements made, whether oral or written, and such other actions of the

    Defendant, if any, at the time of and subsequent to the [stop, arrest and search of the Defendant

    and/or search of the residence occupied by the Defendant].

    C. The Defendants refusal to submit a specimen of his breath or blood for analysis OR

    The result of the analysis of a specimen of the Defendant’s breath or blood.


    D. Testimony of law enforcement officers, or their agents and all other persons working

    in connection with such officers and agents, and all persons present at or near the location of the

    arrest and search of the Defendant and the search of the residence occupied by the Defendant in

    regard to any of the statements or evidence acquired or objects seized as set forth in paragraphs A,

    B and C above.

    II.

    As grounds for this Motion the Defendant would show the Court the following:

    A. The stop and/or detention of the Defendant [and the Defendant's automobile] was

    without probable cause or reasonable suspicion in violation of the 4th, 5th, 9th and 14th

    Amendments of the United States Constitution and Article 1, §§ 9, 10 & 19 of the Texas

    Constitution. Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997); Viveros v. State, 828 S.W.2d 2

    (Tex. Crim. App. 1992); Amores v. State, 816 S.W.2d 407 (Tex. Crim. App. 1991).

    B. The arrest and search of the Defendant and the search of the [vehicle the Defendant

    is alleged to have driven,] [residence of the Defendant,] was without probable cause, in violation of

    the Fourth, Fifth, Ninth and Fourteenth Amendments of the Constitution of the United States, and

    Article 1, §§ 9, 10, and 19 of the Constitution of the State of Texas.

    C. All statements made by the Defendant and items seized at the time of and

    subsequent to the arrest and search of the Defendant and the search of [the vehicle where the

    Defendant was arrested] [residence of the Defendant] were products of the illegal arrest and search
    of the Defendant and the search of the vehicle where the Defendant was arrested. Mapp v. Ohio,

    367 U.S. 643 (1961); Wong Sun v. United States, 371 U.S. 471 (1963); 5th and 14th Amendments to

    the United States Constitution, Art. I, § 10 of the Texas State Constitution; Tex Code Crim. Proc.

    arts. 38.21, 38.22, and 38.23.

    D. The stop, arrest and search of the Defendant and the search of [the vehicle which the

    Defendant is alleged to have driven,] [residence of the Defendant] was without a warrant and

    without any authority whatsoever. No person witnessed the Defendant commit an offense. The

    Defendant was not found in a suspicious place under suspicious circumstances which would

    reasonably show that he had been guilty of a felony offense or a breach of the peace or was about to

    commit some offense against the law. Tex. Code Crim. Proc. art. 14.01, et seq., Tex. Code Crim.

    Proc. art. 15.01, et seq.; Dunaway v. New York, 442 U.S. 200 (1979); Brown v. Illinois, 422 U.S.

    590 (1975); Article 1, § 9 of the Texas State Constitution.

    E. Any statement made by the Defendant was not made freely nor voluntarily but was

    given as a result of compulsion and/or persuasion. Tex. Code Crim. Proc. art. 38.23; 5th and 14th

    Amendments to the United States Constitution; Article I, § 10 of the Texas State Constitution;

    Jackson v. Denno, 378 U.S. 368 (1964); Mincey v. Arizona, 437 U.S. 385 (1978); Miranda v.

    Arizona, 384 U.S. 436 (1966).

    F. Any oral statements made by the Defendant were not made and preserved in

    compliance with the requirements of Tex. Code Crim. Proc. art. 38.22.
    G. That the peace officer who requested that the Defendant submit a specimen of his

    breath

    or blood for analysis did not have reasonable grounds to believe that the Defendant had been

    driving or was in actual physical control of a motor vehicle while he was intoxicated. Tex. Trans.

    Code §§ 524.035 and 724.042.

    H. The methodology employed by the State’s witness as to the administration and

    interpretation of field sobriety tests is not reliable and the scientific theory underlying the veracity

    of such field sobriety tests is not reliable and therefore the testimony is not relevant to the issue

    before the court. Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993); Kumho Tire Co. v.

    Carmichael, 526 U.S. 137 (1999); Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App. 1992); Hartman

    v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997); Gammill v. Jack Williams Chevrolet, 972 S.W.2d

    713 (Tex. 1998).

    I. Evidence seized in violation of the Constitution or laws of the State of Texas or the

    United States is not admissible against the accused. Tex. Code Crim. Proc. art. 38.23; Article 1, § 9

    of the Texas Constitution; 4th Amendment to the United States Constitution.

    J. The Defendant's motor vehicle was stopped at a roadblock operated by the

    __________ Department that had multiple purposes, including checking the driver's licenses and

    the sobriety of the drivers. The roadblock violated the Fourth Amendment to the United States

    Constitution and Article 1, § 9 of the Texas Constitution. See Webb v. State, 739 S.W.2d 802, 811-

    12 (Tex. Crim. App. 1987); Meeks v. State, 692 S.W.2d 504, 508 (Tex. Crim. App. 1985). [STATE
    BRIEFLY WHAT VIOLATIONS OCCURRED / SPECIFY HOW THE 4 TH AMENDMENT

    AND MEEKS/WEBB WERE VIOLATED].

    K. And for such other and further reasons as may appear or be urged upon hearing in

    this cause.

    WHEREFORE, PREMISES CONSIDERED, the Defendant prays that upon hearing, that

    his Motion be in all things granted.

    Respectfully Submitted,

    ____________________________________
    Attorney Name
    State Bar Number
    Address
    City, State, Zip
    Phone
    Fax

    ATTORNEY FOR DEFENDANT


    CERTIFICATE OF SERVICE

    This is to certify that a true and correct copy of the foregoing Motion to Suppress Illegally

    Seized Evidence was served upon the attorney for the State on ________________,

    200___.

    __________________________________
    Attorney for Defendant
    CAUSE NO._________

    STATE OF TEXAS § IN THE___________ COURT OF


    §
    V. § _____________COUNTY, TEXAS §
    §
    [DEFENDANT] § ______TH JUDICIAL DISTRICT

    ORDER ON DEFENDANT’S MOTION TO SUPPRESS - ILLEGALITY OF SEIZED


    EVIDENCE

    On this the _____ day of ____________________, 200___, came on to be heard the

    Defendant's Motion To Suppress Illegally Seized Evidence and after considering the evidence and

    argument of counsel, the motion is hereby:

    GRANTED as to paragraphs ________________________________.

    DENIED as to paragraphs ____________________________.

    SIGNED and ENTERED this _____ day of ____________________, 200___.

    ____________________________________
    JUDGE PRESIDING

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