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 Pennsylvania Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest is a legal action taken by a defendant in a criminal case to challenge the admissibility of evidence that was obtained through a violation of their Fourth Amendment rights. The Fourth Amendment protects individuals from unreasonable searches and seizures. When property is seized as a result of an unlawful search, seizure, and arrest in Pennsylvania, the defendant can file a Motion to Suppress Evidence to have the evidence excluded from trial. This motion argues that the evidence was obtained illegally and should therefore be deemed inadmissible in court. There are a few different types of Pennsylvania Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest: 1. Unlawful Search: This type of motion challenges the legality of the search conducted by law enforcement. It asserts that the search violated the defendant's Fourth Amendment rights, either because there was no valid search warrant or because the search exceeded the scope of the warrant. 2. Unlawful Seizure: This motion questions the legality of the seizure of the property. It argues that the police did not have probable cause to seize the property, or that the seizure was conducted unreasonably, thus violating the defendant's Fourth Amendment rights. 3. Unlawful Arrest: A Motion to Suppress Evidence for an Unlawful Arrest argues that the defendant's arrest was made without a valid arrest warrant or without probable cause. It contends that the arrest itself was illegal, resulting in the subsequent seizure of the property being unjust. In summary, a Pennsylvania Motion to Suppress Evidence when Property was Seized as a Result of an Unlawful Search, Seizure, and Arrest is a legal action taken by a defendant to challenge the admissibility of evidence obtained through a violation of their Fourth Amendment rights. The motion can focus on an unlawful search, an unlawful seizure, or an unlawful arrest, each with its own specific arguments.
