IN THE IOWA ___ COURT FOR ___ COUNTY

State of Iowa,
  Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
  Defendant.

Case No. [DOCKET NUMBER]

DEFENDANT’S MOTION TO SUPPRESS EVIDENCE AND REQUEST FOR HEARING

[// GUIDANCE: Insert courthouse caption exactly as it appears on the charging document; confirm county name, judicial district, and case number.]

TABLE OF CONTENTS

1. Preliminary Statement
2. Statement of Jurisdiction & Procedural Posture
3. Statement of Facts
4. Applicable Law
   4.1 Constitutional Framework
   4.2 Iowa Statutory & Rule-Based Requirements
   4.3 Suppression Standards
   4.4 Good-Faith Exception Analysis
5. Argument
   5.1 Search/Warrant Deficiencies
   5.2 Statutory Violations
   5.3 Inapplicability of Good-Faith Exception
6. Request for Evidentiary (Franks) Hearing
7. Conclusion & Prayer for Relief
8. Oral Argument Request
9. Certification of Compliance
10. Certificate of Service
11. Proposed Order (Exhibit A)

1. Preliminary Statement

Defendant [NAME] (“Defendant”) respectfully moves this Court, pursuant to the Fourth Amendment to the United States Constitution, article I, section 8 of the Iowa Constitution, Iowa Code chapter 808, and Iowa Rule of Criminal Procedure 2.11, to suppress all evidence derived from the search and seizure conducted on [DATE] (the “Subject Evidence”). Defendant further requests an evidentiary hearing to resolve disputed issues of material fact.

2. Statement of Jurisdiction & Procedural Posture

1. This Court has jurisdiction under Iowa Code §§ 602.6101–.6103 and venue is proper in ___ County.
2. Defendant was arraigned on [DATE]. This Motion is timely, having been filed within the deadline for pre-trial motions prescribed by Iowa R. Crim. P. 2.11.
3. Trial is currently set for [TRIAL DATE]; no continuance is requested at this time.

3. Statement of Facts

[// GUIDANCE: Provide concise, numbered paragraphs. Distinguish between known facts, those taken from discovery, and those expected to be proven at hearing.]

1. On [DATE], law-enforcement officers of the [AGENCY] entered [LOCATION] and seized the Subject Evidence.
2. The entry was executed under Warrant No. [NUMBER] issued by [JUDGE/MAGISTRATE] at [TIME], or, if warrantless, explain exception claimed by State.
3. The warrant affidavit relied upon information from [SOURCE] that was [allegedly] stale/unreliable/insufficient.
4. Officers failed to leave a copy of the warrant and inventory as required by Iowa Code § 808.8.
5. Additional factual deficiencies include [LIST].

4. Applicable Law

4.1 Constitutional Framework

• U.S. Const. amend. IV.
• Iowa Const. art. I, § 8.

4.2 Iowa Statutory & Rule-Based Requirements

• Iowa Code ch. 808 (Search Warrants).
• Iowa R. Crim. P. 2.11 (Pre-trial Motions).
• Iowa R. Evid. 5.101–5.110 (Rules of Evidence governing admissibility).

4.3 Suppression Standards

Evidence obtained in violation of either constitution, state statute, or court rule must be excluded. The burden rests on the State to show by a preponderance of the evidence that the search and seizure were lawful.

4.4 Good-Faith Exception Analysis

While Iowa generally recognizes the good-faith exception to the exclusionary rule, it does not apply where:
1. The warrant is facially deficient;
2. The issuing magistrate wholly abandoned the judicial role;
3. Officers recklessly or knowingly relied on false information; or
4. The warrant was so lacking in indicia of probable cause that reliance was objectively unreasonable.

5. Argument

5.1 Search/Warrant Deficiencies

1. Lack of Probable Cause: The affidavit failed to establish a nexus between the alleged criminal conduct and the place searched.
2. Particularity: The warrant description (“all electronic devices”) lacked sufficient particularity, rendering it a general warrant.
3. Execution: Officers exceeded the scope by searching [ROOM/DEVICE] not authorized.

5.2 Statutory Violations

1. Iowa Code § 808.3 requires probable cause supported by oath or affirmation; the affidavit’s conclusory statements do not satisfy this mandate.
2. Failure to comply with Iowa Code § 808.8 (leaving warrant and inventory) mandates suppression absent a showing of harmlessness.

5.3 Inapplicability of Good-Faith Exception

Because the warrant was facially invalid and officers could not reasonably rely upon it, the good-faith exception does not salvage the seizure.

6. Request for Evidentiary (Franks) Hearing

Defendant makes a substantial preliminary showing that the affidavit contained material misstatements/omissions made knowingly or with reckless disregard for the truth. Accordingly, a hearing under the standards articulated in Franks v. Delaware is warranted.

7. Conclusion & Prayer for Relief

WHEREFORE, Defendant respectfully prays that the Court:
1. Grant this Motion in its entirety;
2. Suppress all Subject Evidence and any fruits thereof;
3. Order the State to refrain from referencing the Subject Evidence at trial; and
4. Grant such further relief as the Court deems just and proper.

8. Oral Argument Request

Pursuant to Iowa R. Crim. P. 2.11, Defendant requests oral argument on this Motion.

9. Certification of Compliance

Counsel certifies that this Motion complies with Iowa R. Crim. P. 2.24 (form and length) and Iowa R. Elec. P. 16.201 (if e-filed).

10. Certificate of Service

I certify that on [DATE] I electronically filed the foregoing with the Iowa Judicial Branch Electronic Document Management System, which will send notice to the County Attorney’s Office, and mailed/e-mailed a copy to all other counsel of record.

[ATTORNEY NAME] (#____)
[LAW FIRM]
[ADDRESS]
[TEL] | [EMAIL]
ATTORNEY FOR DEFENDANT

11. Proposed Order (Exhibit A)

IN THE IOWA ___ COURT FOR ___ COUNTY
State of Iowa, Plaintiff,
v.
[DEFENDANT], Defendant.

Case No. [DOCKET NUMBER]

[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS

The Court, having considered Defendant’s Motion, the evidence adduced, and arguments of counsel, FINDS that the search and seizure conducted on [DATE] violated Defendant’s rights under the U.S. and Iowa Constitutions and applicable Iowa statutes. IT IS THEREFORE ORDERED:

1. All evidence seized on [DATE], including the items listed in the return and inventory, is SUPPRESSED.
2. The State shall not introduce or refer to the suppressed evidence in any stage of these proceedings.
3. [Optional] Trial is rescheduled for ___ to accommodate the State’s evaluation of its case.

SO ORDERED this ___ day of _, 20__.

Judge, Iowa ___ Court

[// GUIDANCE:

1. Verify local court formatting (margin, font, caption style).
2. Tailor factual allegations and legal grounds; include any additional state-specific suppression arguments (e.g., statutory “knock-and-announce” violations under Iowa Code § 808.6).
3. File within 40 days of arraignment (unless good cause shown) to avoid waiver under Iowa R. Crim. P. 2.11.
4. Serve discovery requests contemporaneously if additional evidence is needed for the suppression hearing.
5. Preserve federal and state constitutional claims separately to maintain dual-grounds protection on appeal.
   ]