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									IN THE CIRCUIT COURT, COUNTY, XXXXX XXXXX JUDICIAL CIRCUIT STATE OF XXXXXX, Plaintiff, vs. Client Defendant. ) ) ) ) ) Case No. XXXXX ) ) Division No. ) )

MOTION TO SUPPRESS EVIDENCE RESULTING FROM ILLEGAL SEARCH The Respondent in the above matter moves for the suppression and exclusion of all evidence, physical and testimonial, obtained or derived from or through or as a result of XXX’s unlawful search, seizure, interrogation, arrest, and detention which occurred on or about xx/xx/xxx, at 123 xyz Street, Apt. ABC, WXYZ City. Specifically, Respondent moves for the suppression and exclusion of the following: 1. xxxx and any other statements or forms completed from information that may have been given by the Respondent and any forms signed by the Respondent on or about xx/xx/xx and at anytime thereafter, including forms completed from information that may have been given by the Respondent but which the Respondent refused to sign. 2. Any statement by the Respondent on xxxx, any other statement made by the Respondent, signed or unsigned, or any oral statements or confessions made by the Respondent. 3. Any and all other property, papers, information, or testimony pertaining to the Respondent, obtained or taken from him, on or about xx/xx/xx and at anytime thereafter, by xxx, or by any other person acting in concert with them. 4. Any and all other property, papers, information or testimony pertaining to the Respondent obtained as the fruit of the illegal search, seizure, detention and that occurred on or about xx/xx/xx. A. Introduction

Respondent xxx files this motion to suppress evidence gathered xxx using tactics prohibited by the Fourth Amendment and Fifth Amendment. xxx violated the Fourth Amendment in three main ways. First,xxx agents barged into xxxx home without xxx voluntary consent, and without a valid warrant. Second, xxx agents deliberately used

coercion and duress to conduct the search and seizure. Third, xxx agents had no articulable reason to harbor suspicion that xxx had violated the law. The xxxs’ violations of the Fourth Amendment were egregious because the xxx acted deliberately and violated rules with which any reasonable officer should have been familiar. The xxx also violated the Fifth Amendment by coercing xxx into making statements involuntarily and in a fundamentally unfair manner. The xxxs’ blatant violations of the Fifth Amendment require this Court to suppress the evidence before it. Accordingly, this Court should suppress evidence of xxx collected through the xxxs’ egregious Constitutional violations and regulatory violations or, in the alternative, hold an evidentiary hearing to determine whether suppression is warranted. B. Factual Background 1. * 2. † C. Issue Presented 1. ‡ D. Memorandum of Law 1. Defendant was searched by law enforcement officers without any warrant. All evidence obtained as a result of this illegal search should be suppressed, including any observation made by the officers. 2. This Motion is based upon Defendant's right to be free from unreasonable search and seizures under the U.S. Const., Amends. IV and XIV, and state Const., xxxx. 3. XXX law permits any sheriff or deputy sheriff, any member of the xxx, and any other county or municipal law enforcement officer in this state to arrest on view, and without a warrant, “any person the officer sees violating or who such officer has reasonable grounds to believe has violated any law of this state, including a misdemeanor or infraction, or has violated any ordinance over which such officer has jurisdiction.”§ Any law enforcement agent E. Conclusion My Client prays that this Court suppress all evidence obtained following his illegal search and prohibit mention of it at his trial and grant any further relief the Court deems just and equitable.

* † ‡ §

Facts were given Facts were given Depends on the given case Citation was given

Respectfully submitted,

____________________________________ ATTORNEY FOR DEFENDANT (Attorney’s Name, Address and Bar No.) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Motion to Suppress was mailed, on this 12th day of September, 2007, to Assistant Prosecuting Attorney, (opposing Attorney’s Name and Address.) . ORDER ON THIS the ________ day of , 2009, came on to be heard the foregoing Motion to Suppress Evidence, and same is hereby GRANTED/DENIED, to which action Defendant accepted.

____________________________________ JUDGE

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