IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS

STATE OF KANSAS,
Plaintiff,

v. Case No. [_]
Division: [_]
[DEFENDANT’S FULL LEGAL NAME],
Defendant.

MOTION TO SUPPRESS EVIDENCE

[// GUIDANCE: Replace bracketed placeholders throughout. Delete comment blocks prior to filing.]

TABLE OF CONTENTS

1. Preliminary Statement ............................................. 2
2. Procedural Posture ................................................ 2
3. Statement of Material Facts ....................................... 3
4. Legal Standards ................................................... 4
   4.1 Constitutional Protections .................................... 4
   4.2 Statutory Authority ........................................... 4
   4.3 Burden of Proof ............................................... 4
5. Argument .......................................................... 5
   I. Warrantless Search; No Valid Exception Applies ................. 5
   II. Fruit-of-the-Poisonous-Tree Doctrine ........................... 6
   III. Good-Faith Exception Inapplicable ............................. 7
6. Request for Evidentiary Hearing ................................... 8
7. Prayer for Relief ................................................. 8
8. Verification ...................................................... 9
9. Certificate of Service ............................................ 9
10. Proposed Order ................................................... 10

1. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT’S NAME] (“Defendant”), by and through undersigned counsel, and respectfully moves this Court, pursuant to K.S.A. 22-3216 and the Fourth and Fourteenth Amendments to the United States Constitution, as well as § 15 of the Kansas Bill of Rights, for an order suppressing all physical evidence, statements, observations, and any derivative evidence obtained as a result of the unlawful search and seizure described herein.

2. PROCEDURAL POSTURE

1. An Information was filed on [DATE] charging Defendant with [LIST CHARGES].
2. Arraignment occurred on [DATE]. Trial is presently set for [DATE].
3. This Motion is timely under K.S.A. 22-3216(1) because it is filed prior to commencement of trial and more than ten (10) days before the scheduled trial date.

[// GUIDANCE: Adjust timeline to ensure compliance with local scheduling orders.]

3. STATEMENT OF MATERIAL FACTS

[// GUIDANCE: Provide a concise, record-supported chronology. Include time, location, officers’ names, basis for encounter, search details, items seized, and any statements.]

1. On [DATE] at approximately [TIME], Officer [NAME] initiated [TYPE OF STOP] of Defendant’s [VEHICLE/RESIDENCE/PERSON] at [LOCATION].
2. Officer [NAME] lacked a warrant or probable cause but proceeded to [SEARCH/SEIZE] [DESCRIBE PROPERTY].
3. The search was conducted without Defendant’s voluntary, knowing, and intelligent consent.
4. As a direct result of the search, officers seized [LIST ITEMS].
5. Defendant was thereafter interrogated and made statements only after the unlawful detention and search.

4. LEGAL STANDARDS

4.1 Constitutional Protections

The Fourth Amendment prohibits unreasonable searches and seizures; evidence obtained in violation thereof must be excluded. The Kansas Constitution provides co-extensive or greater protection.

4.2 Statutory Authority

A motion to suppress must be in writing, state grounds with particularity, and may be decided on the papers or after an evidentiary hearing. K.S.A. 22-3216(1), (2). The State bears the burden of proving the lawfulness of the search once the Defendant establishes a prima facie case of illegality. K.S.A. 22-3216(2).

4.3 Burden of Proof

Upon the Defendant’s showing of a warrantless search, the State must prove by a preponderance of the evidence that the search fell within a recognized exception or was otherwise lawful.

5. ARGUMENT

I. Warrantless Search; No Valid Exception Applies

1. The search in this case was conducted without a warrant—as the State concedes—triggering the presumption of unconstitutionality.
2. None of the narrowly-defined exceptions (consent, exigent circumstances, search incident to lawful arrest, automobile exception, inventory, plain-view, community-caretaking) are supported by the facts.
3. Absent a valid exception, the physical evidence and all ensuing statements are inadmissible.

II. Fruit-of-the-Poisonous-Tree Doctrine

1. Evidence derivative of an initial illegality is likewise tainted.
2. The items seized led directly to Defendant’s arrest and subsequent interrogation; therefore, both tangible and testimonial evidence are “fruits” subject to suppression.
3. No intervening circumstance sufficient to attenuate the taint exists.

III. Good-Faith Exception Inapplicable

1. The good-faith exception presupposes an objectively reasonable reliance on a facially valid warrant or statutory framework.
2. Because no warrant existed, officers could not have relied on one in good faith.
3. Any reliance on misinformation or non-existent exigency was objectively unreasonable; thus, the exclusionary rule retains full force.

6. REQUEST FOR EVIDENTIARY HEARING

Pursuant to K.S.A. 22-3216(3), Defendant requests an evidentiary hearing. Live testimony is necessary to resolve factual disputes regarding the officers’ conduct, Defendant’s alleged consent, and the circumstances surrounding the seizure.

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:
a. Conduct an evidentiary hearing;
b. Suppress all physical evidence, observations, and statements obtained on [DATE];
c. Suppress any and all derivative evidence; and
d. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of [MONTH], 20[YY].

text

[ATTORNEY NAME] KS Bar # [_]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
COUNSEL FOR DEFENDANT

8. VERIFICATION

I, [DEFENDANT’S NAME], hereby verify under penalty of perjury that the foregoing statements of fact are true and correct to the best of my knowledge and belief.

Date: ___ Signature: ______

[// GUIDANCE: Some Kansas districts require defendant verification; confirm local rule before filing.]

9. CERTIFICATE OF SERVICE

I certify that on the ___ day of [MONTH], 20[YY], I electronically filed the foregoing Motion to Suppress Evidence with the Clerk of the District Court and delivered a true and correct copy to the prosecuting attorney of record by [METHOD].

text

[ATTORNEY NAME]

10. PROPOSED ORDER

text
IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
STATE OF KANSAS v. [DEFENDANT] Case No. [_]

ORDER GRANTING MOTION TO SUPPRESS

NOW on this ___ day of ____, 20[YY], the Court, having reviewed Defendant’s Motion to Suppress, the State’s response, and having heard the evidence and arguments of counsel, FINDS and ORDERS:

1. The search and seizure conducted on [DATE] violated the Fourth Amendment and § 15 of the Kansas Bill of Rights;
2. The good-faith exception does not apply;
3. All physical evidence, observations, statements, and derivative evidence obtained as a result of the unlawful search are hereby SUPPRESSED.

IT IS SO ORDERED.

JUDGE OF THE DISTRICT COURT
[// GUIDANCE: Attach Proposed Order as separate document if local rule requires.]

ADDITIONAL PRACTICE NOTES

[// GUIDANCE:
1. File sufficiently in advance of trial per K.S.A. 22-3216 and local docketing rules.
2. Consider simultaneous filing of brief with expanded authority if judge prefers.
3. Request court reporter for evidentiary hearing.
4. Preserve appellate record by obtaining explicit rulings on each evidentiary category.
]