State Criminal Motion to Suppress

IN THE ☐ JUDICIAL DISTRICT COURT

[COUNTY] COUNTY, STATE OF MONTANA

STATE OF MONTANA, │ Cause No. [___]
Plaintiff, │
│ Judge: [Hon. __________]
v. │
│
[DEFENDANT FULL LEGAL NAME], │
Defendant. │

MOTION TO SUPPRESS EVIDENCE, BRIEF IN SUPPORT,

NOTICE OF HEARING, AND PROPOSED ORDER

TABLE OF CONTENTS

1. Introduction ............................................................. 2
2. Statement of Facts ........................................................ 2
3. Issues Presented .......................................................... 3

4. Legal Standards ........................................................... 3
   4.1 Governing Constitutional Provisions ................................... 3
   4.2 Montana Rules of Evidence ............................................. 3
   4.3 Suppression Procedure & Burden of Proof ............................... 4

5. Argument .................................................................. 5
   5.1 The Warrantless Search Was Unconstitutional ........................... 5
   5.2 The Seized Evidence Is “Fruit of the Poisonous Tree” .................. 6
   5.3 The Federal “Good-Faith” Exception Does Not Apply in Montana .......... 7

6. Request for Evidentiary Hearing ........................................... 8

7. Conclusion & Prayer for Relief ............................................ 8
8. Certification of Compliance (Rule-Dependent) .............................. 9
9. Certificate of Service .................................................... 9
10. Notice of Hearing ........................................................ 10
11. Proposed Order ........................................................... 11

1. Introduction

Comes now the Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Article II, Section 11 of the Montana Constitution, the Fourth Amendment to the United States Constitution, [INSERT APPLICABLE STATUTORY AUTHORITY], and Montana Rule of Evidence [INSERT RULE] to suppress all evidence obtained as a result of the unlawful search and seizure conducted on [DATE].

2. Statement of Facts

[Provide concise, chronologically ordered facts. Include:
• Time, date, and location of the challenged search/seizure;
• Identity of law-enforcement officers involved;
• Whether a warrant was issued—if so, attach as Exhibit A;
• Nature of items seized and later sought to be introduced;
• Any statements made by Defendant subsequent to the seizure.]

3. Issues Presented

1. Whether the warrantless search of Defendant’s [vehicle/home/person] violated Article II, Section 11 of the Montana Constitution and the Fourth Amendment.
2. Whether any and all tangible evidence and statements obtained must be excluded as fruits of the illegal search.
3. Whether the State may invoke any “good-faith” savings clause notwithstanding Montana’s more protective constitutional framework.

4. Legal Standards

4.1 Governing Constitutional Provisions

• U.S. Const. amend. IV.
• Mont. Const. art. II, § 11 (“Searches and Seizures”).

4.2 Montana Rules of Evidence

• M.R.E. 401–403 (relevance and prejudice).
• M.R.E. 602 (personal knowledge).
• M.R.E. 901 (authentication).

4.3 Suppression Procedure & Burden of Proof

[INSERT PRECISE MONTANA STATUTORY REFERENCE, e.g., “Montana Code Annotated § [___]”] governs motions to suppress, placing the initial burden on the movant to establish a prima facie violation; once met, the burden shifts to the State to prove the search was lawful by a preponderance of the evidence.

5. Argument

5.1 The Warrantless Search Was Unconstitutional

1. Absent a duly-issued warrant, a search is per se unreasonable unless it falls within a “jealously and carefully drawn” exception.

2. No recognized exception—consent, incident to arrest, automobile, exigency, plain-view, community-caretaker—applies on the facts presented.
   • Consent: Defendant unequivocally refused consent.
   • Exigency: Officers had ample opportunity to obtain a warrant but failed to do so.

3. The officers therefore violated both federal and state constitutional protections.

5.2 The Seized Evidence Is “Fruit of the Poisonous Tree”

Because the initiating intrusion was unlawful, all derivative evidence—including physical items, observational testimony, and Defendant’s statements—must be excluded. See Wong Sun v. United States, 371 U.S. 471 (1963) (core principle; cited solely for foundational context).

5.3 The Federal “Good-Faith” Exception Does Not Apply in Montana

Montana’s constitutional jurisprudence affords greater privacy protection than its federal counterpart. The Montana Supreme Court has expressly declined to adopt the federal good-faith exception where doing so would dilute Article II, Section 11 safeguards. Accordingly, the evidence remains inadmissible even if officers subjectively relied on defective process.

6. Request for Evidentiary Hearing

Pursuant to [LOCAL RULE/STATUTE], Defendant requests an evidentiary hearing for the Court to:
a. Receive testimony and exhibits regarding the facts surrounding the search;
b. Determine the credibility of the officers involved; and
c. Resolve disputed issues of material fact necessary to decide this Motion.

7. Conclusion & Prayer for Relief

WHEREFORE, Defendant respectfully prays that this Court:

1. GRANT the Motion to Suppress;
2. EXCLUDE from evidence at trial all items, statements, and observations obtained as a result of the unconstitutional search and seizure;
3. ORDER such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of __________, 20___.

8. Certification of Compliance (if required)

I certify that this brief contains ___ words, exclusive of caption, certificates, tables, and appendices, in compliance with [LOCAL RULE OR ORDER].

9. Certificate of Service

I hereby certify that a true and correct copy of the foregoing Motion to Suppress was served upon the [County] County Attorney’s Office by [☐ hand-delivery ☐ U.S. Mail ☐ electronic filing system] on this ___ day of __________, 20___.

/s/ ___________________________________
[ATTORNEY NAME]
Counsel for Defendant

10. Notice of Hearing

PLEASE TAKE NOTICE that the undersigned will bring the foregoing Motion on for hearing before the Honorable [JUDGE NAME] in Department ☐ of the above-entitled Court, located at [courthouse address], on the ___ day of __________, 20__, at ___ __.m., or as soon thereafter as counsel may be heard.

DATED this ___ day of __________, 20___.

/s/ ___________________________________
[ATTORNEY NAME]
Counsel for Defendant

11. Proposed Order

STATE OF MONTANA         )    IN THE ☐ JUDICIAL DISTRICT COURT
                         )    [COUNTY] COUNTY
COUNTY OF [COUNTY]       )

STATE OF MONTANA,                      │  Cause No. [___]
      Plaintiff,                       │
v.                                      │  ORDER GRANTING MOTION
                                        │  TO SUPPRESS EVIDENCE
[DEFENDANT NAME],                       │
      Defendant.                        │
________________________________________)

Upon consideration of Defendant’s Motion to Suppress, the briefs and evidence submitted, and the arguments of counsel, the Court finds that the search and seizure conducted on [DATE] violated Article II, Section 11 of the Montana Constitution and the Fourth Amendment to the United States Constitution. 

IT IS HEREBY ORDERED that:

1. Defendant’s Motion to Suppress is GRANTED;
2. The following items are excluded from evidence for all purposes in this cause:  
   a. [List items];  
   b. Any derivative observations or statements obtained directly or indirectly therefrom;
3. The State shall make no reference, directly or indirectly, to the suppressed evidence in the presence of the jury.

SO ORDERED this ___ day of __________, 20__.

__________________________________
District Court Judge