IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[___] JUDICIAL DISTRICT AT [COURT LOCATION]

STATE OF ALASKA,
                     Plaintiff,

v. ) Case No. [____- CR]
)
[DEFENDANT FULL LEGAL NAME], )
)
                     Defendant. )

DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

(Alaska Const. art. I, § 14; U.S. Const. amend. IV)

[DATE]

[// GUIDANCE: Insert brief caption synopsis if local rule requires.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Relief Requested)
4. Representations & Warranties (Statement of Facts)
5. Covenants & Restrictions (Preservation & Disclosure)
6. Default & Remedies (Requested Court Actions)
7. Risk Allocation (Costs & Fees)
8. Dispute Resolution (Governing Law & Forum)
9. General Provisions
10. Execution Block
11. Proposed Order
12. Certificate of Service

[// GUIDANCE: Auto-update page numbers when finalizing.]

I. DOCUMENT HEADER

Pursuant to Alaska Criminal Rule 12 and Alaska Evidence Rules, Defendant [DEFENDANT NAME] respectfully moves this Court to suppress the evidence more fully described herein and obtained on or about [SEARCH DATE] as the result of a search of [SUBJECT PREMISES / VEHICLE / PERSON]. This motion is supported by the accompanying affidavit(s), the memorandum of law herein, and the entire record in this matter.

Effective Date: Upon filing
Jurisdiction: State of Alaska, Superior Court, [___] Judicial District

II. DEFINITIONS

For purposes of this Motion, the following capitalized terms shall have the meanings set forth below:

A. “Challenged Evidence” means all physical objects, documents, digital data, statements, and derivative information seized, copied, or otherwise obtained during or as a result of the search or seizure identified in Section II.C.

B. “Executing Officers” means all law-enforcement personnel who participated in the procurement or execution of Search Warrant No. [____].

C. “Subject Search/Seizure” means the warrant-based or warrantless intrusion occurring on [SEARCH DATE] at [LOCATION], including any detention of Defendant contemporaneous thereto.

D. “Good-Faith Exception” means the judicially-created doctrine that, under certain circumstances, permits admission of evidence obtained in objective, reasonable reliance on a defective warrant.

[// GUIDANCE: Add or remove defined terms to match case facts.]

III. OPERATIVE PROVISIONS

1. Relief Requested. Defendant respectfully requests an Order:
   a. Suppressing the Challenged Evidence in its entirety;
   b. Suppressing any and all derivative fruits thereof; and
   c. Precluding the State from making direct or indirect reference to the Challenged Evidence at any stage of these proceedings.

2. Hearing. Defendant demands an evidentiary hearing under Criminal Rule 12 to determine all disputed issues of material fact.

3. Burden of Proof. Once Defendant establishes a prima facie case of illegality, the State bears the burden of proving the admissibility of the Challenged Evidence by a preponderance of the evidence.

IV. REPRESENTATIONS & WARRANTIES

(Statement of Facts)

1. Probable-Cause Narrative. On [SEARCH DATE], officers applied for a warrant based on an affidavit alleging [BRIEF SUMMARY]. The affidavit omitted material information concerning [EXCULPATORY FACTS] and included conclusory statements unsupported by factual detail.

2. Execution Narrative. The warrant was executed at approximately [TIME], with officers forcibly entering Defendant’s residence without adequate notice and after an unreasonable delay. Officers exceeded the warrant’s stated scope by searching [AREAS] and seizing items not particularly described therein, including [ITEMS].

3. Custodial Statements. During the search, Defendant was handcuffed and interrogated without Miranda warnings, resulting in incriminating statements later transcribed and offered by the prosecution.

4. Chain of Custody. The State’s inventory reflects multiple breaks in custody documentation, notably between [TIME] and [TIME], creating substantial questions as to authenticity, integrity, and reliability of the evidence.

[// GUIDANCE: Attach affidavits and exhibits supporting each factual assertion.]

V. COVENANTS & RESTRICTIONS

(Preservation & Disclosure)

1. Defendant hereby preserves all objections to the State’s evidence under Alaska Evidence Rules 401– 403, 404, 802, and 901.

2. Defendant demands timely disclosure, under Criminal Rule 16, of:
   a. All officer body-camera footage;
   b. Complete radio‐dispatch logs;
   c. Any information tending to negate Defendant’s guilt or impeach State witnesses.

3. The State is further requested to preserve all rough notes, digital data, and metadata generated during the investigation, pending final resolution of this Motion.

VI. DEFAULT & REMEDIES

(Requested Court Actions)

1. Events Constituting “Default” by the State:
   a. Failure to establish the legality of the Subject Search/Seizure;
   b. Failure to rebut Defendant’s prima facie showing of constitutional or evidentiary violations;
   c. Failure to comply with mandated discovery.

2. Remedies upon Default:
   a. Suppression of the Challenged Evidence;
   b. Dismissal of related counts if suppression renders prosecution unsustainable;
   c. An award of reasonable attorney fees and costs incurred in bringing this Motion.

[// GUIDANCE: Alaska law generally requires the defense to pay its own fees in criminal matters; the above remedy is pled to preserve the claim.]

VII. RISK ALLOCATION

(Costs & Fees)

1. Fees. Defendant seeks an award of fees under the Court’s inherent authority should the State’s position be found objectively unreasonable.

2. Costs. Defendant reserves the right to seek taxation of costs under Alaska R. Crim. P. 39 if applicable.

VIII. DISPUTE RESOLUTION

(Governing Law & Forum)

1. Governing Law. This Motion is governed by the Alaska Constitution, the United States Constitution, the Alaska Rules of Criminal Procedure, and the Alaska Rules of Evidence.

2. Forum Selection. Exclusive venue lies with the Superior Court for the State of Alaska, [___] Judicial District, pursuant to Criminal Rule 18.

3. Jury Waiver. No waiver is made; Defendant expressly invokes all constitutional rights, including the right to trial by jury.

4. Injunctive Relief. Defendant seeks the judicial remedy of exclusion of evidence, recognized under both state and federal law as the appropriate form of injunctive relief for constitutional violations.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Defendant reserves the right to supplement or amend this Motion upon discovery of additional facts or authority. No waiver of additional constitutional or statutory claims is intended.

2. Severability. If any portion of this Motion is deemed procedurally improper, the remainder shall remain in full force and effect.

3. Integration. This Motion, together with attached affidavits and exhibits, constitutes the complete request for suppression and supersedes any prior oral or written communications on the subject.

4. Electronic Signatures. Consistent with Alaska Court System administrative orders, electronic signatures shall be deemed originals.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME], Alaska Bar No. [____]
Attorney for Defendant [DEFENDANT NAME]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

State of Alaska         )
____ Judicial District ) ss

SUBSCRIBED AND SWORN TO before me on this ___ day of _, 20_, by ________.

Notary Public in and for Alaska
My Commission Expires: _______

[// GUIDANCE: Notarization may be waived if affidavit supplied separately.]

XI. PROPOSED ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[___] JUDICIAL DISTRICT AT [COURT LOCATION]

STATE OF ALASKA, ) Case No. [____- CR]
  Plaintiff, )
) [PROPOSED] ORDER
v. ) GRANTING DEFENDANT’S
) MOTION TO SUPPRESS
[DEFENDANT NAME], )
  Defendant. )

Upon consideration of Defendant’s Motion to Suppress Evidence, the memoranda, affidavits, exhibits, and arguments of counsel, and good cause appearing,

IT IS HEREBY ORDERED that:

1. The Motion is GRANTED.
2. All Challenged Evidence, as defined in the Motion, and all fruits thereof are SUPPRESSED.
3. The State shall not directly or indirectly refer to, or introduce, such evidence at any stage of these proceedings.

DATED this ___ day of ____, 20__.

Judge of the Superior Court

XII. CERTIFICATE OF SERVICE

I hereby certify that on ____, 20__, a true and correct copy of the foregoing “Defendant’s Motion to Suppress Evidence” and all accompanying documents were served via [E-mail / ACMS electronic filing / hand-delivery] on:

[NAME], Assistant District Attorney
[ADDRESS]
[E-MAIL]

[ATTORNEY NAME]

[// GUIDANCE:
1. Verify local rule citations (e.g., Alaska R. Crim. P. 12, 16, 18, 39) for accuracy before filing.
2. Customize factual allegations, legal arguments, and requested relief to align with the specific grounds for suppression—e.g., lack of probable cause, staleness, overbroad warrant, warrantless entry, involuntary statements, or violations of knock-and-announce.
3. Alaska appellate courts have historically applied a more protective exclusionary rule than the federal “good-faith” doctrine; consider emphasizing state constitutional grounds to avoid federal good-faith limitations.
4. Attach sworn affidavits, search‐warrant application, inventory, and discovery correspondence as separate exhibits, appropriately labeled (Exhibits A, B, C, etc.).
5. Adjust the Proposed Order format to comply with the assigned judge’s standing order, if any.]