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.
Montana Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
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Multi-State
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US-02305BG
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How to fill out Motion To Suppress Evidence When Property Was Seized As Result Of An Unlawful Search, Seizure, And Arrest?
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FAQ
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.
When defendants seek exclusion of evidence on constitutional grounds, the standard procedure is for the judge to hold a ?suppression hearing? outside the presence of the jury. Each side may present witnesses.
Before the court will even entertain your 1538.5 motion to suppress evidence, you must prove that you had a ?reasonable expectation of privacy? in the place that was searched or the items that were seized. the evidence, therefore, should not be suppressed.
However, once combined with a hearing on a motion to suppress, the defense can introduce evidence that goes to the totality of the circumstances to finding probable cause to arrest, reasonable suspicion and the scope of a lawful search.
46-13-301. Suppression of confession or admission. (1) A defendant may move to suppress as evidence any confession or admission given by the defendant on the ground that it was involuntary. The motion must be in writing and state facts showing why the confession or admission was involuntary.
The concept of a motion to suppress is based on the ?exclusionary rule.? The exclusionary rule, grounded in the Fourth Amendment, excludes from trial evidence obtained in violation of a defendant's constitutional rights and protects citizens from unlawful searches and seizures.
The standard of proof for a motion to suppress evidence is ?preponderance of the evidence.? This means that whatever side has the burden of proof must show that it is more likely than not their position is correct.
Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same.