A motion to suppress is a pleading that attempts to establish grounds for the use of the exclusionary rule. It basically asks the court to bar the illegally obtained evidence from the proceedings. Motions to suppress evidence must be raised before trial. Fed. R. Crim. P. 12(b)(3)(C). However, if the defendant can show good cause for why the motion to suppress was not made before a trial, the court may grant the defendant a suppression hearing. Fed. R. Crim. P. 12(h)(3)(C). Further, Judges are not bound by the rule against hearsay in a suppression hearing. United States v. Matlock, 415 U.S. 164 (1974). An accused who asserts that there existed factual inaccuracies in the warrant must show that those who prepared it engaged in deliberate falsification or reckless disregard for the truth. Erwin Chemerinsky & Laurie L. Levenson, Criminal Procedure, 355 (Aspen Publishing. 1st ed. 2008).
Below are some links to Lexis Nexis and West Law where you can find sample forms for a mortion to suppress.
IMPORTANT: do not attempt to just fill in the blanks on these forms! Before drafting a motion always be sure to check the local procedural rules... a failure to comply with local rules can cost you dearly!!!!
Sample Motion to Suppress Handwriting and Fingerprints
Sample Motion to Suppress Statements
Sample Motion to Suppress Urine Test
Sample Motion to Quash Arrest and Suppress Evidence
Sample Motion to Suppress Oral or Written Statement
Sample Motion to Suppress Post Arrest Statement
Sample Motion to Suppress Evidence (General)
Memorandum of Points and Authorities in Support of Motion to Suppress Evidence
Sample Motion to Suppress Evidence that Exceeds the Scope of a Warrant
Sample Motion to Suppress for a Traffic Stop with No Probable Cause (FL)
