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.
Oregon Motion to Suppress Evidence when Property was Seized as Result of an Unlawful Search, Seizure, and Arrest
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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
A Motion to Suppress is a request by a defendant that the judge issue an order excluding or limiting certain evidence from trial. In some cases, the motion to suppress may be a request by the defendant to effectively dismiss the entire case due to an unlawful stop, detention, search, or arrest by law enforcement.
Over the years, the Supreme Court has carved out exceptions to the warrant requirement to prevent valuable evidence from being destroyed. Some of the most common exceptions are searches connected to an arrest, those where the subject consents, and the plain view doctrine.
Exceptions to the Warrant Requirement Border Searches. Drug Testing. National Security. School Searches. Searches of Prisoners, Parolees and Probationers. Workplace Searches.
What Is a Motion to Suppress Evidence? A motion to suppress evidence asks the judge not to allow certain evidence to be used against you by the prosecutor in your criminal case. In criminal cases, the police and prosecutors are not allowed to use evidence against you that was illegally obtained.
In the search and seizure context, exigent circumstances are emergency situations "that require[ ] the police to act swiftly to prevent danger to life or serious damage to property, or to forestall a suspect's escape or the destruction of evidence." State v. Stevens , 311 Or.
SUSPICION OF CRIMINAL ACTIVITY: To stop a driver based on suspicion of criminal activity, the officer must have reasonable suspicion of criminal activity, meaning the officer must subjectively believe that the person committed a crime and the belief must be objectively reasonable.
In order for a search or seizure of a person or property to occur, officers must have valid consent, a search warrant, probable cause and a warrant exception, or some other lawful authority such as a permitted lawful stop and detention based on reasonable suspicion as outlined in ORS 131.605 to ORS 131.625 ( ...
Lawful exceptions to the requirement for a search warrant may include but are not limited to the following: abandoned/lost property, incident to arrest, community caretaking and emergency aid, consent, exigent circumstances, inventory, and open and/or plain view.