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.
A Hawaii Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest is a legal motion filed by a defendant in a criminal case. This motion requests the court to exclude certain evidence from being used against the defendant at trial. It focuses specifically on situations where the evidence, such as property or belongings, was unlawfully obtained due to an illegal search, seizure, or arrest. In Hawaii, there are various types of motions to suppress evidence related to unlawful search, seizure, and arrest. Some of these include: 1. Motion to Suppress Evidence based on a Violation of the Fourth Amendment: This motion alleges that the defendant's constitutional rights were violated due to an illegal search, seizure, or arrest that led to the evidence in question. The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. 2. Motion to Suppress Evidence based on Lack of Probable Cause: This motion argues that there was no valid reason or sufficient evidence for law enforcement to conduct a search, make a seizure, or effectuate an arrest. It challenges the notion that the officers had reasonable grounds to believe that a crime had been committed or that the defendant was involved in criminal activity. 3. Motion to Suppress Evidence based on an Invalid Search Warrant: This motion challenges the validity of a search warrant used by law enforcement to conduct a search or seizure. It asserts that the warrant was obtained through false information, insufficient probable cause, or procedural errors, rendering the search and seizure unlawful. 4. Motion to Suppress Evidence based on Fruit of the Poisonous Tree Doctrine: This motion argues that the evidence in question should be excluded because it was obtained indirectly as a result of an initial illegal search, seizure, or arrest. It relies on the concept that evidence derived from an unlawful action (the "poisonous tree") is also tainted and inadmissible. 5. Motion to Suppress Evidence based on Violation of Miranda Rights: This motion contends that the defendant's statements or confessions were obtained in violation of their Miranda rights, which include the right to remain silent and the right to have an attorney present during questioning. It asserts that any evidence resulting from these rights violations should be suppressed. In summary, a Hawaii Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest is a legal motion that challenges the admissibility of evidence obtained through illegal actions by law enforcement. By filing such a motion, the defendant seeks to protect their constitutional rights and ensure a fair trial.
