STATE OF LOUISIANA

[___] JUDICIAL DISTRICT COURT

PARISH OF [______]

STATE OF LOUISIANA * CRIMINAL DOCKET NO. [_]
* SECTION “[]”
VERSUS

[DEFENDANT’S FULL NAME], * FILED: ____
DEFENDANT *
_______ * _________
DEPUTY CLERK

MOTION TO SUPPRESS EVIDENCE

[// GUIDANCE: Insert the correct court, parish, docket number, and section. Attach all supporting exhibits—e.g., search-warrant affidavit, police reports—labeled sequentially (“Exhibit 1,” “Exhibit 2,” etc.).]

TABLE OF CONTENTS

1. Preliminary Statement ............................................. [__]
2. Procedural Posture ................................................. [__]
3. Definitions ........................................................ [__]
4. Statement of Relevant Facts ........................................ [__]
5. Argument ........................................................... []
   5.1 Applicable Legal Standards ..................................... []
   5.2 Lack of Probable Cause / Reasonable Suspicion .................. []
   5.3 Invalid Search Warrant ......................................... []
   5.4 Warrantless Search Without Exception ........................... []
   5.5 Exclusionary Rule & “Fruit-of-the-Poisonous-Tree” ............... []
   5.6 Inapplicability of the Good-Faith Exception .................... [__]
6. Request for Evidentiary Hearing .................................... [__]
7. Prayer for Relief .................................................. [__]
8. Certification of Counsel ........................................... [__]
9. Certificate of Service ............................................. [__]
10. Proposed Order .................................................... [__]

1. Preliminary Statement

COMES NOW the Defendant, [DEFENDANT’S FULL NAME] (“Defendant”), through undersigned counsel, and pursuant to U.S. Const. amend. IV; La. Const. art. I, § 5; and La. Code Crim. Proc. art. 703, respectfully moves this Honorable Court for an Order suppressing all physical evidence, statements, observations, and derivative fruits obtained as a result of the unlawful search and seizure described below.

2. Procedural Posture

1. On [DATE], Defendant was charged by [bill of information / indictment] with [OFFENSE(S) CHARGED] in violation of [STATUTORY CITATION(S)].
2. Arraignment occurred on [DATE]; Defendant entered a plea of NOT GUILTY.
3. Pursuant to La. Code Crim. Proc. art. 703 (C), this Motion is timely filed within the period fixed by the Court’s scheduling order dated [DATE] or, alternatively, within fifteen (15) days of arraignment, good cause having been shown.

3. Definitions

For purposes of this Motion:
3.1 “Officers” means all law-enforcement personnel who participated in the investigation, detention, search, or seizure at issue.
3.2 “Search” encompasses any intrusion into Defendant’s person, residence, vehicle, effects, or digital data, whether pursuant to a warrant or otherwise.
3.3 “Seized Evidence” refers to every item, contraband, statement, test result, or observation obtained directly or indirectly from the Search.

4. Statement of Relevant Facts

[// GUIDANCE: Provide a concise, factually supported narrative. Cite exhibit numbers in brackets, e.g., “(See Ex. 1, Police Report).”]

1. On [DATE/TIME], Officers [NAMES/BADGE #] stopped Defendant’s [VEHICLE / PERSON] at [LOCATION].
2. Officers lacked [probable cause / reasonable suspicion] to initiate or extend the stop.
3. Without obtaining a warrant, Officers conducted a [search of the vehicle / pat-down / entry into residence] and seized the items listed in the Evidence Log (Ex. 2).
4. Alternatively, if the State contends a warrant existed, the supporting affidavit (Ex. 3) omitted material facts and relied on conclusory, stale, and uncorroborated assertions.
5. Defendant was thereafter questioned without Miranda warnings, producing statements memorialized at Ex. 4.

5. Argument

5.1 Applicable Legal Standards

a. The Fourth Amendment and La. Const. art. I, § 5 protect against unreasonable searches and seizures.
b. Under La. Code Crim. Proc. art. 703 (D), the State bears the burden of proving the legality of the Search.
c. Evidence obtained in violation of these provisions is inadmissible, together with any fruits thereof.

5.2 Lack of Probable Cause / Reasonable Suspicion

1. Officers initiated/extended the stop absent articulable facts warranting intrusion.
2. Any consent allegedly given was tainted by the unlawful detention and thus invalid.

5.3 Invalid Search Warrant (if applicable)

1. The warrant affidavit contained material misstatements and omissions.
2. After excising tainted material, the affidavit fails to establish probable cause.

5.4 Warrantless Search Without Exception

1. No recognized exception (e.g., automobile, exigent circumstances, consent, search-incident-to-arrest) justified the warrantless Search.
2. The seizure of digital data exceeded the scope of any purported authority.

5.5 Exclusionary Rule & “Fruit-of-the-Poisonous-Tree”

All derivative evidence—including Defendant’s statements, test results, and subsequent investigative leads—must likewise be suppressed.

5.6 Inapplicability of the Good-Faith Exception

1. La. Code Crim. Proc. art. 703 does not codify a blanket good-faith safe harbor.
2. Even if the Court considers federal good-faith principles, they do not apply where:
   a. The affidavit is so lacking in probable cause that reliance was objectively unreasonable;
   b. Officers were reckless or dishonest in preparing the affidavit; or
   c. The warrant was facially deficient.

6. Request for Evidentiary Hearing

Pursuant to La. Code Crim. Proc. art. 703 (D), Defendant requests a full evidentiary hearing, with live testimony of the affiant and all participating Officers, to adjudicate the issues raised herein.

7. Prayer for Relief

WHEREFORE, Defendant prays that this Motion be GRANTED; that all Seized Evidence and derivative fruits be SUPPRESSED; and for all other relief deemed just and proper.

Respectfully submitted,

text
[LAW FIRM NAME]
[Address] • [City], LA [ZIP]
Telephone: [] • Facsimile: []
Email: [______]

[ATTORNEY NAME] (Bar No. [_____])
COUNSEL FOR DEFENDANT

8. Certification of Counsel

Pursuant to La. Code Crim. Proc. art. 703 (C), undersigned counsel certifies that this Motion is filed in good faith, after reasonable investigation of the facts and the law, and is not interposed for purposes of delay.

[ATTORNEY NAME]

9. Certificate of Service

I hereby certify that a copy of the foregoing Motion to Suppress Evidence has this day been served on the Office of the District Attorney for the Parish of [_] by [hand delivery / e-mail / e-filing] on the _ day of ____, 20__.

[ATTORNEY NAME]

10. Proposed Order

text
STATE OF LOUISIANA * [] JUDICIAL DISTRICT COURT
PARISH OF [__] *
* CRIMINAL DOCKET NO. [_]
STATE OF LOUISIANA *
VS. * SECTION “[]”
[DEFENDANT] *

ORDER

CONSIDERING the foregoing Motion to Suppress Evidence and the law applicable thereto:

IT IS ORDERED that an evidentiary hearing on said Motion be, and hereby is, set for the _ day of _, 20__, at ____ _.m.

IT IS FURTHER ORDERED that the State produce at said hearing all law-enforcement officers involved in the detention, search, and seizure at issue, together with the original search warrant, affidavit, and any related documents.

THUS DONE AND SIGNED in [City], Louisiana, this _ day of _, 20__.

JUDGE [_____]
[// GUIDANCE: Attach this Proposed Order as a separate, captioned document if required by local practice.]

PRACTICAL CHECKLIST

• Confirm filing deadline under local scheduling order.
• Gather and Bates-label all exhibits (warrant, affidavits, body-cam, CAD logs, etc.).
• Subpoena affiant and necessary witnesses for the hearing.
• Be prepared to argue burden-shifting under La. Code Crim. Proc. art. 703.
• Anticipate State’s invocation of “good-faith” and prepare rebuttal focusing on objective unreasonableness.

[// GUIDANCE: This template reflects Louisiana statutory requirements and current suppression standards. Always verify against the latest local rules and any standing orders of the assigned judge.]