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.
Nebraska Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
State:
Multi-State
Control #:
US-02305BG
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Word;
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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
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be ...
A search warrant may be issued under this rule to search for and seize any: (1) evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) weapons or other things by means of which a crime has been committed or reasonably appears about to ...
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) ...
Upon request, show police your driver's license, registration and proof of insurance. If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged. G.S.1873, c. 58, § 440, p.
Law enforcement can only detain someone if they have reasonable suspicion of criminal activity. The courts measure reasonable suspicion by the totality of the circumstances. Specifically, a series of seemingly innocent factors may create reasonable suspicion to search when added together.
Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure.
Section 29-818 requires a police officer to exercise reasonable care and diligence for the safekeeping of property within his custody.