** with matter-specific information and delete all guidance comments before filing.]

STATE OF MICHIGAN

IN THE [​[JUDICIAL CIRCUIT]/[DISTRICT]​] COURT FOR THE COUNTY OF [COUNTY]

PEOPLE OF THE STATE OF MICHIGAN,
  Plaintiff,

v. Case No. [XX-XXXX]
Hon. [JUDGE]

[DEFENDANT’S FULL LEGAL NAME],
  Defendant.
_________________________________________________________/

MOTION TO SUPPRESS EVIDENCE

(AND REQUEST FOR EVIDENTIARY HEARING)

TABLE OF CONTENTS

1. Introduction & Relief Requested..............................................1
2. Statement of Relevant Facts..................................................2
3. Legal Standards.............................................................3
   3.1 Constitutional Protections..............................................3
   3.2 Michigan Rules of Evidence..............................................4
   3.3 Good-Faith Exception (Government’s Burden)...............................4
4. Argument & Application......................................................5
   4.1 Lack of Probable Cause / Invalid Warrant.................................5
   4.2 Warrantless Search & Seizure............................................6
   4.3 Fruit-of-the-Poisonous-Tree Doctrine....................................7
5. Request for Evidentiary (“Walker”) Hearing..................................8
6. Conclusion & Prayer for Relief..............................................8
7. Notice of Hearing...........................................................9
8. Verification / Affidavit...................................................10
9. Proof of Service............................................................11

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1. INTRODUCTION & RELIEF REQUESTED

NOW COMES the Defendant, [DEFENDANT], by and through appointed/retained counsel, [LAW FIRM / ATTORNEY], and respectfully moves this Honorable Court, pursuant to:

• U.S. Const. amend. IV and XIV;
• Mich. Const. 1963, art. I, § 11;
• MCR 6.110(H); MCR 6.113; and
• MRE 104(a), 401-403,

to suppress and preclude the use at trial of all physical, testimonial, digital, derivative, and observational evidence seized on or about [DATE] at [LOCATION] as set forth more fully below.

Defendant further requests an evidentiary (“Walker”) hearing and any other relief this Court deems just and proper.

2. STATEMENT OF RELEVANT FACTS

[PLACEHOLDER – DETAILED FACTS]
1. On [DATE], at approximately [TIME], officers of the [AGENCY] approached [PROPERTY/VEHICLE] located at [ADDRESS].
2. [Describe encounter, seizure, search, statements, arrests, warrants (if any)].
3. [Specify any warrant affidavit defects, staleness, false statements, or omissions].
4. All challenged evidence is identified as [ITEMS] (collectively, the “Challenged Evidence”).

A sworn affidavit from [DEFENDANT / WITNESS] is attached as Exhibit A. Certified discovery materials are attached as Exhibits B-D.

3. LEGAL STANDARDS

3.1 Constitutional Protections

• The Fourth Amendment and its Michigan analogue strictly prohibit unreasonable searches and seizures.
• The prosecution bears the burden of proving the reasonableness of a warrantless search or, where a warrant issued, the sufficiency of probable cause and particularity.

3.2 Michigan Rules of Evidence

• MRE 104(a) requires the Court to decide preliminary questions concerning admissibility.
• Relevance (MRE 401, 402) is conditioned on lawful procurement; unlawfully obtained evidence is per-se inadmissible.
• Exclusion of derivative (“fruit”) evidence is mandated where primary evidence is tainted.

3.3 Good-Faith Exception (Government’s Burden)

• The State may invoke the good-faith doctrine only upon a prima facie showing that officers objectively and reasonably relied on a facially valid warrant issued by a neutral magistrate or on settled precedent.
• Where the warrant is facially deficient, or reliance objectively unreasonable, the exception fails.

4. ARGUMENT & APPLICATION

4.1 Lack of Probable Cause / Invalid Warrant

1. The warrant affidavit contained material omissions and misstatements, undermining any probable cause determination.
2. The remaining content, excised of taint, is insufficient to justify invasion of [PROPERTY].

4.2 Warrantless Search & Seizure

1. No exigency existed; police had ample time to secure a warrant.
2. Defendant never consented. Any alleged consent was neither voluntary nor informed (see MRE 505 for applicable privilege considerations).

4.3 Fruit-of-the-Poisonous-Tree Doctrine

All statements and tangible evidence recovered subsequently are causally connected to the original illegality and must therefore be excluded.

5. REQUEST FOR EVIDENTIARY (“WALKER”) HEARING

Pursuant to MCR 6.110(D) and MRE 104(c), Defendant requests a live evidentiary hearing to:

a. Permit cross-examination of the affiant and seizing officers;
b. Develop a full factual record on voluntariness, probable cause, and good-faith; and
c. Allow the Court to make explicit findings of fact and conclusions of law.

6. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:

1. Grant this Motion;
2. Suppress the Challenged Evidence and all fruits thereof;
3. Order the State to refrain from referencing such evidence at any stage of trial;
4. Conduct a Walker hearing forthwith; and
5. Grant such further relief as is just and equitable.

7. NOTICE OF HEARING

PLEASE TAKE NOTICE that the foregoing Motion will be brought on for hearing before the Honorable [JUDGE], on [DATE], at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, at the [COURT ADDRESS].

8. VERIFICATION / AFFIDAVIT

I, [DEFENDANT/COUNSEL], being first duly sworn, state that the factual averments contained in ¶¶ __ through __ are true to the best of my knowledge, information, and belief.

_________________________________
[NAME]
Subscribed and sworn before me on [DATE].
_________________________________
Notary Public, State of Michigan
My commission expires: [DATE]

9. PROOF OF SERVICE

I certify that on [DATE], I served a true copy of the foregoing Motion to Suppress Evidence, together with all exhibits, upon [PROSECUTOR NAME & ADDRESS] via [METHOD] pursuant to MCR 2.107.

_________________________________
[NAME], [Title]

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Defendant

By: __________________________________
[ATTORNEY NAME] (P-[BAR NO.])
  [ADDRESS]
  [PHONE] | [EMAIL]

Date: [DATE]