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 Nebraska motion to suppress evidence is a legal action taken by a defendant to challenge the admissibility of certain evidence in a criminal case. This motion is filed when property has been seized as a result of an unlawful search, seizure, and arrest. By filing this motion, the defendant seeks to have the evidence excluded from the trial, arguing that it was obtained in violation of their constitutional rights. In Nebraska, there are different types of motions to suppress evidence that may apply to cases where property was seized unlawfully: 1. Motion to Suppress Evidence based on Fourth Amendment violations: This motion challenges the admissibility of evidence if the search and seizure conducted by law enforcement violated the defendant's Fourth Amendment protection against unreasonable searches and seizures. The defendant must argue that there was no probable cause or that the search warrant, if present, was flawed or invalid. 2. Motion to Suppress Evidence based on Fifth Amendment violations: This motion focuses on the defendant's rights against self-incrimination. If the defendant believes that their statements were obtained through an unlawful arrest or in violation of their Miranda rights, they can file this motion seeking to suppress any evidence that resulted from these violations. 3. Motion to Suppress Evidence based on Sixth Amendment violations: This motion challenges the admissibility of evidence obtained during a custodial interrogation without the presence of an attorney, in violation of the defendant's Sixth Amendment right to counsel. 4. Motion to Suppress Evidence based on a violation of the "fruit of the poisonous tree" doctrine: This motion argues that the evidence sought to be suppressed was obtained indirectly as a result of an unlawful search, seizure, or arrest. The defendant must demonstrate a causal link between the initial illegal action and the subsequent discovery of the evidence. In Nebraska, the defendant must file a written motion to suppress evidence, citing specific legal grounds, and provide supporting arguments and evidence to challenge the admissibility of the seized property. This motion should be filed in a timely manner before trial, allowing the court to review and rule upon it prior to the trial proceedings. It is important for defendants to have legal representation from experienced criminal defense attorneys who are knowledgeable about the Nebraska laws pertaining to motions to suppress evidence. These motions can be complex, requiring an understanding of constitutional rights, search and seizure laws, and case precedents. A successful motion to suppress evidence can significantly impact the outcome of a criminal case by ensuring that unlawfully obtained evidence is excluded from trial, weakening the prosecution's case.
