Rhode Island Defendant's Motion to Suppress Pictures of R.W.

State:
Multi-State
Control #:
US-00829
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion to suppress certain photographs considered to be prejudicial due to their gruesome nature, and arguing that they have no probative value to the jury. Adapt to fit your circumstances.
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FAQ

A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.

Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.

Rule 32F of the District Court Rules of Criminal Procedure states the following: ?No revocation shall occur unless the State establishes by a fair preponderance of the evidence that the defendant breached a condition of his/her probation or deferred sentence or failed to keep the peace or remain on good behavior.?

A defendant who is charged with an offense which is punishable by imprisonment for a term of more than six (6) months shall be advised by the Court, at the time of the defendant's initial appearance, that the defendant has a right to trial by jury in the first instance, but in the event the defendant chooses to waive ...

New Rule 35(c) of the Rhode Island Superior Court Rules of Criminal Procedure allows probationers to ask the court to terminate their probation early if they meet certain conditions.

What is the first question in the three main steps in Fourth Amendment analyses? Was the law enforcement action a "search" or a "seizure?" What is the second question in the three main steps in Fourth Amendment analyses? If the action was a search or seizure, was it reasonable?

Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

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Rhode Island Defendant's Motion to Suppress Pictures of R.W.