The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Alaska Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
State:
Multi-State
Control #:
US-02305BG
Format:
Word;
PDF;
Rich Text
286 downloads
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FAQ
Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
The exclusionary rule means that evidence illegally seized cannot be used in a trial. Therefore, the exclusionary rule requires law enforcement to obtain said evidence legally. Two exceptions to the exclusionary rule are the good-faith exception and the clerical errors exception.
Common Exceptions to the Exclusionary Rule One of the most important exceptions to the exclusionary rule is the exception for tangible evidence. If the police discover tangible evidence based on statements obtained in violation of Miranda, the prosecution may be able to use that evidence against the defendant at trial.
Evidence of (1) furnishing or offering or promising to furnish or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its ...
First, under Alaska R. Evid. 801(d)(1)(B), an out-of-court statement is considered non- hearsay if it is a statement that is consistent with the testimony of the declarant (Pam) and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper motive.
-[Independent source exception, inevitable discovery exception, attenuation of the taint, good faith, knock and announce, impeachment, limit use outside of criminal cases].