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IN THE TENTH JUDICIAL DISTRICT COURT OF JOHNSON COUNTY, KANSAS CRIMINAL DEPARTMENT STATE OF KANSAS, Plaintiff, vs. Case No. 12CR00XX Division 6 JOHN D. DOE, Defendant. MOTION TO SUPPRESS EVIDENCE

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How to fill out search warrant suppression motion

How to fill out a search warrant suppression motion:

01

Start by reviewing the specific laws and regulations of your jurisdiction regarding search warrant suppression motions. It is crucial to understand the legal requirements and procedures involved.

02

Gather all relevant information related to the search warrant in question. This includes the date it was executed, the location where it was executed, the law enforcement agency involved, and any other pertinent details.

03

Consult with an attorney if possible. They can provide guidance and ensure that your motion is properly drafted. If you cannot afford an attorney, seek assistance from legal aid organizations or pro bono services.

04

Begin drafting the motion. Start with a clear and concise introduction that identifies your name as the movant and specifies the court in which you are filing the motion.

05

Include a statement of facts, providing a detailed account of the circumstances surrounding the search warrant. Be sure to include any violations of constitutional rights or procedural errors that you believe have occurred.

06

Support your arguments with relevant case law and legal precedents. Research and cite cases that demonstrate similar situations where search warrants were suppressed or excluded as evidence.

07

Include a section discussing the specific legal grounds for your motion. Examples may include Fourth Amendment violations, lack of probable cause, or issues with the execution of the warrant.

08

If applicable, outline any additional remedies you are seeking, such as the exclusion of evidence obtained through the search warrant, or the dismissal of charges based on the unlawfulness of the search.

09

Conclude the motion by summarizing your arguments and specifically requesting the court to suppress the search warrant.

10

Review and proofread your motion carefully to ensure clarity, accuracy, and proper grammar. Make any necessary revisions or corrections before filing it with the court.

Who needs a search warrant suppression motion?

A search warrant suppression motion may be needed by individuals who believe that their constitutional rights were violated during the execution of a search warrant. This can include situations where the search warrant was obtained unlawfully, where the search exceeded the scope of the warrant, or where evidence was obtained through unconstitutional means. Anyone facing criminal charges based on evidence obtained through a search warrant may benefit from filing a suppression motion to challenge the validity of the warrant and the admissibility of the evidence. However, it is important to consult with an attorney or legal professional to determine if filing such a motion is appropriate for your specific circumstances.

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