State Criminal Motion to Suppress

[COURT NAME]

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

MOTION TO SUPPRESS EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING

TABLE OF CONTENTS

1. Preliminary Statement
2. Definitions
3. Statement of Relevant Facts

4. Legal Authority & Argument
   4.1 Constitutional Violations
   4.2 Rule- and Statute-Based Violations
   4.3 Colorado's Statutory Good-Faith Exception Does Not Apply

5. Request for Hearing Under Colo. R. Crim. P. 41(e)

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(e), 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 peace officer, as described in § 16-2.5-101, C.R.S., or other 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

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. The Fourth Amendment (U.S. Const. amend. IV, applied to the States through the Fourteenth Amendment) and Colo. Const. art. II, § 7 protect "[t]he people ... in their persons, papers, homes and effects, from unreasonable searches and seizures," and prohibit issuance of a warrant "without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing." Evidence obtained in violation of these protections 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 property seized was not that described in the warrant; or
4. The warrant was executed in an unreasonable manner, including a failure to knock-and-announce.

4.2 Rule- and Statute-Based Violations

A. Colo. R. Crim. P. 41(e) permits "[a] person aggrieved by an unlawful search and seizure" to move for return of the property and to suppress it as evidence on the ground that: (1) the property was illegally seized without a warrant; (2) the warrant is insufficient on its face; (3) the property seized is not that described in the warrant; (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued; or (5) the warrant was illegally executed. Where the Motion instead challenges the voluntariness of a confession or admission, it is brought under Colo. R. Crim. P. 41(h).
B. Any violation of Rule 41's procedural safeguards -- including improper issuance, lack of probable cause, or execution outside the manner authorized by the warrant -- compels suppression under Rule 41(e).
C. Colo. R. Evid. 104(a) directs the Court, not a jury, to determine preliminary questions concerning the admissibility of evidence, without being bound by the rules of evidence (other than those governing privileges). Colo. R. Evid. 402 provides that evidence which is not relevant is not admissible, and that all relevant evidence is admissible only "except as otherwise provided by the Constitution of the United States, by the Constitution of the State of Colorado, by [the Colorado Rules of Evidence], or by other rules prescribed by the Supreme Court or by the statutes of the State of Colorado." Evidence obtained in violation of the Fourth Amendment or Colo. Const. art. II, § 7 falls within that constitutional exclusion and is therefore inadmissible.

4.3 Colorado's Statutory Good-Faith Exception Does Not Apply

The People bear the burden of establishing that the evidence falls within the narrow statutory exception codified at § 16-3-308, C.R.S. -- that is, that any defect in the warrant resulted from a "good faith mistake" or a "technical violation" as those terms are defined by the statute. Where, as here, the supporting affidavit contained recklessly false statements, material omissions, or was otherwise so lacking in indicia of probable cause that no reasonable officer could rely on it in good faith, § 16-3-308 does not apply and suppression is required. See People v. Mitchell, 678 P.2d 990 (Colo. 1984); People v. Pacheco, 175 P.3d 91 (Colo. 2006).

5. REQUEST FOR HEARING UNDER COLO. R. CRIM. P. 41(e)

Pursuant to Colo. R. Crim. P. 41(e), 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. Under Colorado practice, the Defendant, as the moving party, bears the initial burden of going forward with evidence showing that the search or seizure violated Defendant's right to privacy under the Fourth Amendment and Colo. Const. art. II, § 7; the burden then shifts to the People to justify the search or seizure. See People v. Cunningham, 314 P.3d 1289 (Colo. 2013).

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

Undersigned counsel certifies that, consistent with Colo. R. Crim. P. 49.5 and this Court's applicable case management order, a printed or printable copy of this document bearing original, electronic, or scanned signatures is being maintained by the filing party and will be made available for inspection by the Court or other parties upon request.

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 and served electronically via the Colorado Courts E-Filing system 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