State Criminal Motion to Suppress - Georgia

**STATE OF GEORGIA

SUPERIOR COURT OF [COUNTY] COUNTY**

Criminal Action File No.: [CASE NO.]

MOTION TO SUPPRESS EVIDENCE

AND INCORPORATED MEMORANDUM OF LAW

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Procedural Posture
3. Statement of Material Facts

4. Grounds for Suppression
   4.1 Warrantless Search / Seizure
   4.2 Invalid Warrant (Lack of Probable Cause / Particularity)
   4.3 Unlawful Execution & Scope
   4.4 Involuntary Statements & Miranda Violations
   4.5 Fruit-of-the-Poisonous-Tree Doctrine
   4.6 Statutory Suppression under O.C.G.A. § 17-5-30
   4.7 Exclusionary Rule Applies — No Georgia Good-Faith Exception

5. Burden of Proof & Evidentiary Hearing Request

6. Preservation of Additional Objections
7. Prayer for Relief
8. Verification (O.C.G.A. § 17-5-30)
9. Certificate of Service
10. Proposed Order

1. INTRODUCTION & RELIEF REQUESTED

COMES NOW the Defendant, [DEFENDANT NAME] ("Defendant"), by and through undersigned counsel, pursuant to the Fourth and Fourteenth Amendments to the United States Constitution; Article I, Section I, Paragraph XIII of the Constitution of the State of Georgia; and O.C.G.A. § 17-5-30, and respectfully moves this Honorable Court for an order suppressing and excluding from evidence all physical evidence, testimonial evidence, derivative evidence, and all fruits thereof obtained as a result of the unlawful search, seizure, detention, and interrogation more fully described below.

2. PROCEDURAL POSTURE

1. On [DATE OF ARREST/SEARCH], law-enforcement officers of [AGENCY NAME] conducted a [SEARCH TYPE, e.g., warrantless search of Defendant's residence / vehicle / person] and seized the following items: [DESCRIBE ITEMS].
2. Defendant was subsequently charged by [INDICTMENT / ACCUSATION] filed on [FILING DATE] with [LIST CHARGES].
3. This Motion is made before the court with jurisdiction to try the offense and, because a criminal accusation, indictment, or special presentment has been filed and is pending, is filed only in that court, consistent with O.C.G.A. § 17-5-30(c). Counsel has filed this Motion within the time set by the Court's scheduling or pretrial order, as no fixed statutory deadline for filing a motion to suppress is imposed by O.C.G.A. § 17-5-30 itself.

3. STATEMENT OF MATERIAL FACTS

[PLACEHOLDER FOR DETAILED FACTUAL RECITALS]

4. GROUNDS FOR SUPPRESSION

4.1 Warrantless Search / Seizure

1. The warrantless search and seizure of Defendant and Defendant's property violated the Fourth Amendment and its Georgia constitutional counterpart because no recognized exigent circumstance, consent, or other lawful exception existed.
2. Any evidence obtained therefrom, and any fruits thereof, must therefore be suppressed pursuant to O.C.G.A. § 17-5-30(a)(1).

4.2 Invalid Warrant (Lack of Probable Cause / Particularity)

1. The warrant issued on [DATE] was unsupported by probable cause and failed to describe with particularity the place to be searched and the items to be seized, contravening U.S. Const. amend. IV and Ga. Const. art. I, § I, ¶ XIII.
2. O.C.G.A. § 17-5-21(a) similarly requires that the supporting complaint state facts sufficient to show probable cause and particularly describe the place or person to be searched and the things to be seized, rendering the warrant facially invalid.

4.3 Unlawful Execution & Scope

1. Officers exceeded the permissible scope of the warrant by [DESCRIBE OVERBREADTH OR IMPROPER EXECUTION—e.g., conducting a no-knock entry without authorization, searching areas not described in the warrant, seizing items not enumerated].
2. All evidence seized outside the warrant's scope is inadmissible under O.C.G.A. § 17-5-30(a)(2) (search and seizure with a warrant illegal because "the warrant was illegally executed").

4.4 Involuntary Statements & Miranda Violations

1. Defendant's statements on [DATE/TIME] were the product of custodial interrogation without a knowing, voluntary, and intelligent waiver of Miranda rights.
2. Alternatively, any purported waiver was tainted by the preceding unlawful detention, necessitating suppression under the derivative-evidence doctrine.

4.5 Fruit-of-the-Poisonous-Tree Doctrine

1. Because the initial search/seizure was unlawful, any subsequently obtained evidence—physical or testimonial—must be excluded as fruit of the poisonous tree. See State v. Boppell, 277 Ga. 595 (2004); State v. Driggers, 306 Ga. App. 849 (2010).
2. No intervening circumstance purged the taint, nor did the prosecution obtain the evidence through an independent source or inevitable-discovery pathway sufficient to overcome suppression on these facts.

4.6 Statutory Suppression Under O.C.G.A. § 17-5-30

1. O.C.G.A. § 17-5-30(a) authorizes suppression where a warrantless search and seizure was illegal, or where a search and seizure under a warrant was illegal because the warrant was insufficient on its face, unsupported by probable cause, or illegally executed.
2. O.C.G.A. § 17-5-30(b) requires that the motion be in writing and state facts showing the search and seizure were unlawful; the Court then receives evidence outside the presence of the jury, and the burden of proving that the search and seizure were lawful rests on the State. If the motion is granted, the property shall be restored (unless otherwise subject to lawful detention) and the evidence "shall not be admissible in evidence against the movant in any trial."
3. Defendant has standing to challenge both the underlying search or seizure and the manner of any warrant's execution.

4.7 Exclusionary Rule Applies — No Georgia Good-Faith Exception

1. Georgia does not recognize the federal United States v. Leon, 468 U.S. 897 (1984), good-faith exception as a matter of state law with respect to warrants unsupported by probable cause. In Gary v. State, 262 Ga. 573 (1992), the Supreme Court of Georgia held that O.C.G.A. § 17-5-30 is "the legislature's unequivocal expression of its desire that evidence seized by means of a warrant that is not supported by probable cause be suppressed," and that judicially importing the Leon good-faith exception into the statute "would be tantamount to judicial legislation."
2. In Mobley v. State, 307 Ga. 59 (2019), the Supreme Court of Georgia partially overruled Gary to permit other recognized exceptions to the warrant requirement (e.g., inevitable discovery, where properly established on the record) to apply to searches and seizures analyzed under O.C.G.A. § 17-5-30. Mobley expressly left open whether the Leon good-faith exception itself remains barred under Gary, and did not adopt it.
3. Accordingly, to the extent the State contends that officers relied in good faith on a warrant later found to lack probable cause, Defendant submits that no such exception currently excuses the constitutional and statutory violations described above, and that the State bears the burden under O.C.G.A. § 17-5-30(b) of establishing that the search and seizure were otherwise lawful — including, if applicable, that a genuinely recognized exception to the warrant requirement (separate from Leon) applies on these facts.

5. BURDEN OF PROOF & EVIDENTIARY HEARING REQUEST

1. Pursuant to O.C.G.A. § 17-5-30(b), the burden of proving that the search and seizure were lawful is on the State once Defendant's motion states facts showing the search and seizure were unlawful.
2. Defendant respectfully requests a full evidentiary hearing, conducted outside the presence of the jury, including the right to cross-examine the affiant(s) and all participating officers, and to introduce evidence in support of suppression.

6. PRESERVATION OF ADDITIONAL OBJECTIONS

Defendant expressly reserves and preserves all constitutional, statutory, and evidentiary objections discoverable through ongoing investigation, discovery, or future factual developments, including but not limited to challenges under:

• O.C.G.A. § 17-5-1 et seq. (Searches and Seizures generally)
• O.C.G.A. § 24-1-1 et seq. (Georgia Evidence Code)
• Federal Wiretap Act and applicable Georgia electronic-surveillance statutes (if applicable)

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Honorable Court:

A. Grant an evidentiary hearing on this Motion;
B. Suppress and exclude from trial all evidence obtained in violation of Defendant's rights, including the items listed in Exhibit [A];
C. Suppress all statements, admissions, or confessions obtained in violation of Defendant's constitutional and statutory rights;
D. Suppress all derivative evidence and fruits thereof;
E. Order the State to refrain from making reference to, or attempting to introduce, any suppressed evidence at trial; and
F. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of __________, 20___.

[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]

__________________________________
[ATTORNEY NAME],
Georgia Bar No. [BAR NUMBER]
Counsel for Defendant

8. VERIFICATION

(O.C.G.A. § 17-5-30 Affidavit)

COMES NOW [DEFENDANT NAME], who being first duly sworn, deposes and states that the factual statements contained in the foregoing Motion to Suppress are true and correct to the best of [his/her/their] knowledge and belief.

__________________________________
[DEFENDANT NAME]

Sworn to and subscribed before me
this ___ day of __________, 20___.

__________________________________
Notary Public
My commission expires: ____________

9. CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Motion to Suppress Evidence upon the Office of the District Attorney for the [____] Judicial Circuit by [STATUTORY METHOD—e.g., hand delivery / e-service via the applicable e-filing provider / first-class mail] addressed as follows:

[NAME & ADDRESS OF ASSISTANT DA]

This ___ day of __________, 20___.

__________________________________
[ATTORNEY NAME]

10. PROPOSED ORDER

STATE OF GEORGIA
SUPERIOR COURT OF [COUNTY] COUNTY

Criminal Action File No.: [CASE NO.]

ORDER ON DEFENDANT'S MOTION TO SUPPRESS

Having considered Defendant's Motion to Suppress Evidence, the State's response, the evidence adduced, and the arguments of counsel, the Court finds that the search, seizure, and interrogation at issue violated Defendant's constitutional and statutory rights. Accordingly, it is hereby

ORDERED that Defendant's Motion is GRANTED. The State shall not introduce at trial any physical evidence, statements, or derivative evidence obtained as a result of the unlawful search and seizure conducted on [DATE].

SO ORDERED, this ___ day of __________, 20___.

__________________________________
Judge, Superior Court of [COUNTY] County
[____] Judicial Circuit

SOURCES AND REFERENCES

• U.S. Const. amend. IV — https://constitution.congress.gov/constitution/amendment-4/
• Ga. Const. art. I, § I, ¶ XIII — Georgia Secretary of State, Constitution of the State of Georgia: https://sos.ga.gov/sites/default/files/2022-02/state_constitution.pdf
• O.C.G.A. § 17-5-30 (Motion to Suppress Evidence Illegally Seized Generally): https://law.justia.com/codes/georgia/title-17/chapter-5/article-2/section-17-5-30/
• O.C.G.A. § 17-5-21 (Grounds for Issuance of Search Warrant): https://law.justia.com/codes/georgia/title-17/chapter-5/article-2/section-17-5-21/
• O.C.G.A. § 24-1-1 (Georgia Evidence Code, Purpose and Construction): https://law.justia.com/codes/georgia/2020/title-24/chapter-1/article-1/section-24-1-1/
• Gary v. State, 262 Ga. 573 (1992) (declining to adopt the Leon good-faith exception under O.C.G.A. § 17-5-30)
• Mobley v. State, 307 Ga. 59 (2019) (partially overruling Gary as to other exceptions to the exclusionary rule; leaving the Leon good-faith question open)