State Criminal Motion to Suppress - Arizona

IN THE [COURT NAME] COURT OF THE STATE OF ARIZONA

IN AND FOR [COUNTY] COUNTY

Case No.: [___]

DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

(Pursuant to U.S. Const. amends. IV, V & XIV; Ariz. Const. art. 2, § 8; Ariz. Rev. Stat. Ann. § 13-3925; and Ariz. R. Crim. P. 16.1, 16.2)

[DATE]

I. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Defendant [DEFENDANT] will and hereby does move this Court for an order suppressing the evidence described herein and for such further relief as this Court deems just and proper.

II. MOTION

Defendant respectfully moves the Court for an order suppressing:

1. All physical evidence seized from [LOCATION] on [DATE];
2. Any and all statements allegedly made by Defendant on [DATE/TIME]; and
3. All fruits, derivative evidence, and observations obtained as a result of the foregoing items (collectively, the “Challenged Evidence”).

This motion is made on the grounds that the Challenged Evidence was obtained in violation of Defendant’s constitutional and statutory rights and that the State cannot establish a good-faith or technical-violation basis for admission under A.R.S. § 13-3925 on the facts alleged below.

III. MEMORANDUM OF POINTS AND AUTHORITIES

A. Introduction & Relief Requested

Defendant seeks suppression of the Challenged Evidence pursuant to:

• U.S. Const. amends. IV, V & XIV;
• Ariz. Const. art. 2, § 8 (right to privacy), which Arizona courts have at times construed as more protective than the Fourth Amendment in the context of warrantless home entries, see State v. Bolt, 142 Ariz. 260 (1984); State v. Ault, 150 Ariz. 459 (1986);
• Ariz. Rev. Stat. Ann. § 13-3925 (subsection A addresses evidence seized pursuant to a search warrant; subsections B and C address evidence obtained or seized through peace-officer conduct and good-faith limits on suppression); and
• Ariz. R. Crim. P. 16.1 (pre-trial motions practice) and 16.2 (procedure and burden of proof on motions to suppress evidence).

B. Statement of Facts

[Provide a concise, chronologically-ordered recitation of the facts relevant to the seizure, detention, interrogation, and/or search. Include precise dates, times, locations, officers’ identities, warrant information, and any consent or lack thereof. Attach exhibits (e.g., warrant, affidavits, body-cam footage transcripts) as necessary.]

C. Argument

1. The Physical Evidence Was Obtained Through an Unlawful Search and Seizure.

a. Absence of a Valid Warrant.
 i. The warrant affidavit failed to establish probable cause.
 ii. The warrant lacked particularity regarding [PLACE/ITEMS].

b. Warrantless Search.
 i. No exigent circumstances justified officers’ entry.
 ii. Consent was not voluntary, knowing, or intelligent.

c. Traffic Stop / Detention (if applicable).
 i. Officers lacked reasonable suspicion to initiate the stop.
 ii. The detention exceeded the permissible scope and duration under the Fourth Amendment.

2. Defendant’s Statements Were Obtained in Violation of Miranda and Voluntariness Standards.

a. Custodial interrogation occurred without a valid Miranda warning.
b. Any waiver was not knowing, intelligent, and voluntary.
c. Coercive tactics rendered the statements involuntary under the totality of the circumstances.

3. The Statutory Good-Faith Limits Do Not Apply on These Facts.

a. Reliance on a facially deficient warrant is objectively unreasonable, and the "good faith mistake" and "technical violation" limitations on suppression codified at A.R.S. § 13-3925(F) do not apply on these facts.
b. Officers did not rely on binding appellate precedent or a statute later deemed unconstitutional within the meaning of A.R.S. § 13-3925(F)(2).
c. Defendant alleges specific facts showing that the officer's conduct was not a reasonable good-faith mistake or technical violation within A.R.S. § 13-3925(C) and (F): [SPECIFIC FACTS].
d. Arizona's constitutional privacy guarantee under Ariz. Const. art. 2, § 8 has, in specific contexts such as warrantless entries into a home, been applied by the Arizona Supreme Court independently of a federal-style good-faith exception. See State v. Ault, 150 Ariz. 459 (1986); State v. Bolt, 142 Ariz. 260 (1984). Counsel should confirm the current scope of this doctrine, as Arizona courts have not uniformly extended broader protection under art. 2, § 8 beyond the home-entry context.

4. Fruits of the Poisonous Tree Must Be Suppressed.

Under the derivative evidence doctrine, any evidence acquired by exploitation of the primary illegality must likewise be excluded.

D. Request for Evidentiary Hearing

Defendant requests an evidentiary hearing under Ariz. R. Crim. P. 16.2 to determine the admissibility of the Challenged Evidence and to allow cross-examination of the officers and other witnesses. Under Rule 16.2(b), the State bears the burden of proving by a preponderance of the evidence the lawfulness of its acquisition of the Challenged Evidence, subject to the defendant's prima facie burden set out in Rule 16.2(b)(2) where applicable.

E. Preservation of Issues for Appellate Review

Defendant expressly preserves all federal and state constitutional claims, statutory claims, and procedural objections raised herein.

IV. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Suppress the Challenged Evidence described above;
2. Order the prosecution to refrain from any direct or indirect use of such evidence at trial or in sentencing;
3. Grant an evidentiary hearing, if necessary, on the issues raised; and
4. Provide any further relief the Court deems just and proper.

DATED: [DATE]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], Esq.
Attorney for Defendant [DEFENDANT]
[State Bar No.]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]

V. VERIFICATION / CERTIFICATE OF COUNSEL

I, [ATTORNEY NAME], certify that the foregoing motion is timely filed under Ariz. R. Crim. P. 16.1(b) and is made in good faith and is supported by the facts and law cited herein.

__________________________________
[ATTORNEY NAME]

VI. CERTIFICATE OF SERVICE

I certify that on [DATE] I electronically filed and served the foregoing Motion to Suppress Evidence on the [COUNTY] County Attorney’s Office in accordance with Rule 1.7, Ariz. R. Crim. P., and applicable e-filing protocols under ACJA § 1-901.

__________________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered Defendant’s Motion to Suppress Evidence, the State’s response, the evidence adduced, and the arguments of counsel, FINDS that the challenged search, seizure, and/or custodial interrogation violated Defendant’s constitutional and statutory rights. Accordingly,

IT IS ORDERED granting Defendant’s Motion to Suppress Evidence in its entirety.
IT IS FURTHER ORDERED precluding the State from introducing the suppressed evidence, or any fruits thereof, at trial or for any other purpose.
IT IS SO ORDERED.

DATED: _____________________ _______________________________
JUDGE OF THE ☐ COURT
State of Arizona