[COURT NAME]

District Court, [COUNTY] County, State of Colorado
Court Address: [ADDRESS]
Telephone: [PHONE]

MOTION TO SUPPRESS EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING

[// GUIDANCE: Use this form when moving to suppress physical evidence, statements, or derivative fruits obtained in violation of federal or Colorado constitutional protections, the Colorado Rules of Criminal Procedure, or other statutory authority. Replace bracketed placeholders, delete guidance comments before filing, and confirm all citations against current law.]

TABLE OF CONTENTS

1. Preliminary Statement
2. Definitions
3. Statement of Relevant Facts
4. Legal Authority & Argument
   4.1 Constitutional Violations
   4.2 Statutory & Rule-Based Violations
   4.3 Lack of Good-Faith Exception
5. Request for Hearing Under Colo. R. Crim. P. 41
6. Preservation of Issues for Appellate Review
7. Prayer for Relief
8. Certificate of Compliance
9. Certificate of Service
10. Proposed Order

1. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME] (“Defendant”), by and through undersigned counsel, and pursuant to U.S. Const. amend. IV, U.S. Const. amend. XIV, Colo. Const. art. II, § 7, Colo. R. Crim. P. 41, and Colo. R. Evid. 104(a), respectfully moves this Court to suppress all evidence described herein and any fruits thereof on the grounds that such evidence was obtained in violation of Defendant’s constitutional and statutory rights.

2. DEFINITIONS

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

“Evidence” means any tangible or intangible item, including but not limited to physical objects, documents, digital data, and testimonial statements, seized, recorded, or otherwise obtained by law-enforcement personnel as described in Section 3.

“Law-Enforcement Officer(s)” means any sworn officer, agent, or employee of [ARRESTING AGENCY] who participated in the investigation, search, seizure, arrest, interview, or interrogation of the Defendant.

“Subject Premises” means [PRECISE ADDRESS OR LOCATION] searched or entered by Law-Enforcement Officer(s) on or about [DATE].

“Search Warrant” means the warrant purportedly issued on [DATE] by Judge [NAME], authorizing search of the Subject Premises under Case No. [WARRANT #], if any.

3. STATEMENT OF RELEVANT FACTS

[// GUIDANCE: Provide concise, record-supported facts. Identify all key events chronologically.]

1. On [DATE], at approximately [TIME], Law-Enforcement Officer(s) [conducted a warrantless search / executed the Search Warrant] at the Subject Premises.
2. During the search, officers seized the following items: [ITEMIZED LIST].
3. Prior to entry, officers [failed to announce / did not possess a valid warrant / relied on materially false information in the affidavit / exceeded the warrant’s scope], as detailed below.
4. Defendant was subsequently arrested and Mirandized at [LOCATION] at approximately [TIME]; Defendant’s statements were recorded and are now offered by the Prosecution.

4. LEGAL AUTHORITY & ARGUMENT

4.1 Constitutional Violations

A. Fourth Amendment (U.S. Const. amend. IV) and Colo. Const. art. II, § 7 protect against unreasonable searches and seizures. Evidence obtained in violation thereof must be excluded.
B. The entry and search of the Subject Premises were unreasonable because:
1. No valid warrant existed at the time of entry; or
2. The warrant was unsupported by probable cause; or
3. The officers exceeded the warrant’s scope; or
4. The warrant was executed in an unreasonable manner, including a failure to knock-and-announce.

[// GUIDANCE: Delete or revise sub-paragraphs as applicable to case facts.]

4.2 Statutory & Rule-Based Violations

A. Colo. R. Crim. P. 41 requires that search warrants be supported by probable cause demonstrated through oath or affirmation and that the warrant particularly describe the place to be searched and items to be seized.
B. Any violation of Rule 41’s procedural safeguards—such as improper issuance, lack of timeliness, or execution outside permissible hours—compels suppression.
C. Colo. R. Evid. 104(a) and 402 require the Court to exclude evidence obtained unlawfully, as such evidence is inadmissible for any purpose.

4.3 Lack of Good-Faith Exception

The People bear the burden of establishing that officers objectively and reasonably relied on a warrant later found defective or on a statutory scheme later deemed unconstitutional. Where, as here, the supporting affidavit contained recklessly false statements and material omissions, the good-faith exception does not apply.

[// GUIDANCE: Colorado generally follows the federal “good-faith” doctrine but recognizes several state-law limitations. Cite additional state statutory constraints only if certain.]

5. REQUEST FOR HEARING UNDER COLO. R. CRIM. P. 41

Pursuant to Colo. R. Crim. P. 41, Defendant respectfully requests a full evidentiary hearing to establish the circumstances surrounding the search, seizure, and interrogation, to determine voluntariness of statements, and to resolve any disputes of material fact.

6. PRESERVATION OF ISSUES FOR APPELLATE REVIEW

Defendant expressly preserves all federal and state constitutional claims, including but not limited to unlawful search and seizure, lack of probable cause, Miranda, voluntariness, fruit-of-the-poisonous-tree, and due-process violations.

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:

1. Conduct an evidentiary hearing at the earliest practicable date;
2. Suppress all Evidence described in Section 3 and any derivative evidence;
3. Suppress all statements made by Defendant following the unlawful search and seizure;
4. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____ 20__.

8. CERTIFICATE OF COMPLIANCE

Pursuant to C.R.C.P. 121 § 1-26(9), undersigned counsel certifies that the foregoing document is in compliance with C.R.C.P. 11, is double-spaced, and contains [WORD COUNT] words.

9. CERTIFICATE OF SERVICE

I hereby certify that on ___ day of ____ 20__, a true and correct copy of the foregoing Motion to Suppress Evidence was [filed via ICCES and] served on the Office of the District Attorney for [JUDICIAL DISTRICT] by [E-SERVICE / HAND-DELIVERY / MAIL].

[ATTORNEY NAME], # [BAR #]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

10. PROPOSED ORDER

The Court, having reviewed Defendant’s Motion to Suppress Evidence and being otherwise advised in the premises, hereby ORDERS:

☐ The Motion is GRANTED.
☐ The Motion is DENIED.
☐ The Court sets an evidentiary hearing for __, 20, at __ a.m./p.m. in Courtroom [].

SO ORDERED this ___ day of ____ 20__.

District Court Judge

[// GUIDANCE: Double-check local rules for any additional certification (e.g., Crim. P. 12(b)) or formatting requirements before filing.]