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 New Hampshire Motion to Dismiss for Misconduct of Police is a legal procedure used to request the dismissal of a criminal case due to police misconduct. This motion argues that the police involved in the investigation or arrest have engaged in behavior that violates the defendant's constitutional rights or other ethical standards, thereby tainting the entire case. By filing this motion, the defendant asks the court to dismiss the charges against them based on the improper conduct of the police. In New Hampshire, there are various types of motions to dismiss for police misconduct that defendants can file, including: 1. Motion to Dismiss for Fourth Amendment Violations: This motion alleges that the police obtained evidence through an unlawful search or seizure, violating the defendant's Fourth Amendment rights protecting against unreasonable searches and seizures. 2. Motion to Dismiss for Fifth Amendment Violations: This motion argues that the police coerced a confession or obtained self-incriminating statements from the defendant in violation of their Fifth Amendment rights, which protect against self-incrimination. 3. Motion to Dismiss for Brady Violations: This motion claims that the prosecution failed to disclose exculpatory evidence to the defense, as required by the Supreme Court ruling in Brady v. Maryland. It asserts that the police intentionally or negligently withheld evidence that could have been favorable to the defendant. 4. Motion to Dismiss for Selective Prosecution: This motion alleges that law enforcement engaged in discriminatory or selective prosecution against the defendant based on their race, ethnicity, religion, or other protected classes. It argues that the charges are an abuse of government power and seek dismissal. 5. Motion to Dismiss for Entrapment: In cases where the police induce or coerce the defendant to commit a crime they wouldn't have otherwise committed, a motion to dismiss for entrapment can be filed. It argues that the police engaged in improper conduct and that the charges should be dropped due to the defendant being entrapped. 6. Motion to Dismiss for Official Misconduct: This motion asserts that police officers involved in the case have engaged in unethical or corrupt behavior that compromises the fairness of the proceedings, such as tampering with evidence, fabricating statements, or planting evidence. When filing any of these motions to dismiss for police misconduct in New Hampshire, defendants need to provide supporting evidence, legal arguments, and case precedents that demonstrate the alleged misconduct and its impact on the case. The court will then consider these arguments and determine whether to grant the motion, leading to the dismissal of the charges or to require further proceedings.
