[COURT]

[// GUIDANCE: Substitute the correct court designation, e.g., “EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CLARK.”]

STATE OF NEVADA,
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Case No.: [CASE NO.]
Dept. No.: [DEPT. NO.]

DEFENDANT’S NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE;

MEMORANDUM OF POINTS AND AUTHORITIES;

REQUEST FOR EVIDENTIARY HEARING

Hearing Date: [_]  Time: [_]

Counsel for Defendant:
[ATTORNEY NAME (Bar No. ____)]
[FIRM NAME]
[ADDRESS] · [PHONE] · [EMAIL]

TABLE OF CONTENTS

1. Notice of Motion............................................................................................... 1
2. Memorandum of Points & Authorities...................................................... 2
     2.1 Introduction........................................................................................ 2
     2.2 Statement of Relevant Facts............................................................ 2
     2.3 Issues Presented............................................................................. 3
     2.4 Legal Standard................................................................................. 3
     2.5 Argument........................................................................................... 4
      A. Warrant Lacked Probable Cause.............................................. 4
      B. Execution Was Constitutionally Defective............................... 5
      C. Good-Faith Exception Does Not Apply.................................... 6
     2.6 Request for Evidentiary Hearing................................................... 7
     2.7 Conclusion & Prayer for Relief.................................................... 7
3. Declaration of Counsel............................................................................ 8
4. Proposed Order......................................................................................... 9
5. Certificate of Service............................................................................... 10
6. Affirmation (NRS 239B.030)................................................................. 10

[// GUIDANCE: Update page numbers after final formatting.]

1. NOTICE OF MOTION

PLEASE TAKE NOTICE that on the date and time indicated above—or as soon thereafter as counsel may be heard—Defendant [DEFENDANT NAME] will move this Court for an order suppressing all physical, testimonial, and derivative evidence obtained as a result of the search and seizure conducted on or about [DATE], together with any statements made subsequent thereto. This Motion is brought pursuant to the Fourth Amendment to the United States Constitution, Article 1 § 18 of the Nevada Constitution, applicable provisions of Nevada statutory law governing suppression and exclusion of evidence, and the Nevada Rules of Evidence.

2. MEMORANDUM OF POINTS AND AUTHORITIES

2.1 Introduction

The search and seizure at issue violated Defendant’s constitutional and statutory rights. Because the State cannot meet its burden of demonstrating that the evidence was obtained lawfully, suppression is required. An evidentiary hearing is necessary to resolve disputed issues of fact material to this Motion.

2.2 Statement of Relevant Facts [PLACEHOLDER]

1. On [DATE] officers applied for and obtained Search Warrant No. [_] authorizing the search of [LOCATION].
2. The supporting Affidavit was sworn by [AFFIANT NAME], who relied primarily on [anonymous tip/unreliable hearsay, etc.].
3. Officers executed the warrant at [HH:MM a.m./p.m.] on [DATE], employing [entry method].
4. During execution, officers seized [DESCRIBE ITEMS] and questioned Defendant for approximately [DURATION] without Miranda warnings.
5. Additional factual details are set forth in Exhibit A (Search Warrant & Affidavit), Exhibit B (Police Report), and Exhibit C (Body-Worn Camera Transcript).

[// GUIDANCE: List and attach all relevant exhibits.]

2.3 Issues Presented

1. Whether the warrant was supported by probable cause.
2. Whether the manner of execution violated constitutional or statutory requirements.
3. Whether the State can invoke the good-faith exception to the exclusionary rule.

2.4 Legal Standard

A. Burden of Proof. When a defendant challenges the admissibility of evidence obtained by a search or seizure, the prosecution bears the burden of demonstrating the legality of police conduct by a preponderance of the evidence.
B. Probable Cause. A warrant must be issued upon a neutral magistrate’s finding of a fair probability that contraband or evidence of a crime will be found in the place to be searched.
C. Particularity & Scope. A warrant must describe with particularity the place to be searched and the items to be seized; overbreadth invalidates the warrant.
D. Good-Faith Exception. Evidence obtained pursuant to a warrant later found invalid may be admissible only if officers acted in objectively reasonable reliance on the warrant; four well-recognized circumstances preclude reliance, including (1) affiant recklessness or dishonesty, (2) facial insufficiency, (3) magistrate abandonment of a neutral role, or (4) reliance on stale information.
E. Nevada Evidence Rules. Illegally obtained evidence is inadmissible when its admission would violate constitutional rights or Nevada statutory protections, and derivative evidence (“fruit of the poisonous tree”) must also be excluded unless the causal chain is sufficiently attenuated.

2.5 Argument

A. The Warrant Lacked Probable Cause

1. The Affidavit relied almost exclusively on an uncorroborated, anonymous informant.
2. Affiant offered no timely surveillance or independent corroboration to establish veracity or basis of knowledge.
3. Information was stale, as the alleged observations occurred [TIME] prior to warrant issuance.
4. Absent probable cause, the warrant was invalid and all evidence seized thereunder must be suppressed.

B. The Execution Was Constitutionally Defective

1. Officers did not comply with knock-and-announce requirements, and no exigent circumstances justified a no-knock entry.
2. The search exceeded the warrant’s scope: officers searched [AREAS/ITEMS] not reasonably capable of concealing the objects described.
3. Officers detained Defendant beyond the time necessary to execute the warrant and interrogated him without Miranda warnings, rendering subsequent statements involuntary.

C. The Good-Faith Exception Does Not Apply

1. No objectively reasonable officer could rely on a warrant resting on such attenuated, stale, and uncorroborated information.
2. The warrant was facially deficient: it failed to specify particular items to be seized and lacked locational particularity.
3. Affiant’s omission of material facts (e.g., rejection of prior warrant application, negative surveillance results) constitutes reckless disregard for the truth, vitiating good-faith reliance.

2.6 Request for Evidentiary Hearing

Pursuant to constitutional due-process guarantees and controlling Nevada authority, Defendant is entitled to an evidentiary hearing where a substantial preliminary showing establishes a colorable claim that the warrant was unsupported by probable cause or that material facts were omitted or misrepresented. Testimony from the affiant, executing officers, and any confidential informants is necessary to resolve factual disputes.

2.7 Conclusion & Prayer for Relief

For the foregoing reasons, Defendant respectfully requests that this Court:
a. Grant an evidentiary hearing;
b. Upon hearing, suppress all evidence obtained directly or indirectly from the search and seizure on [DATE];
c. Order the return of property unlawfully seized; and
d. Grant such further relief as justice requires.

3. DECLARATION OF COUNSEL

I, [ATTORNEY NAME], declare as follows:
1. I am counsel of record for Defendant [DEFENDANT NAME].
2. I have personal knowledge of the facts stated herein except where otherwise indicated, and could competently testify thereto.
3. The factual assertions in this Motion are true and correct to the best of my knowledge, information, and belief.
4. This Declaration is executed to support Defendant’s Motion to Suppress Evidence.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Executed this ___ day of [MONTH] [YEAR], at [CITY], Nevada.

[ATTORNEY NAME]
Counsel for Defendant

4. [PROPOSED] ORDER

IT IS HEREBY ORDERED that Defendant’s Motion to Suppress Evidence is GRANTED.
IT IS FURTHER ORDERED that all evidence seized on [DATE], and any derivative evidence, is suppressed and may not be introduced at trial or for any other purpose.
IT IS FURTHER ORDERED that the State shall forthwith return to Defendant all property seized that is not contraband on or before [DATE].

DATED this ___ day of _ 20.

DISTRICT COURT JUDGE

5. CERTIFICATE OF SERVICE

I certify that on [DATE] a true and correct copy of the foregoing Motion was served upon the [OFFICE OF THE DISTRICT ATTORNEY / OPPOSING COUNSEL] by [hand-delivery / electronic service through the court’s e-filing system / mail].

[NAME], [POSITION]

6. AFFIRMATION (NRS 239B.030)

The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.

[ATTORNEY NAME]

[// GUIDANCE:
1. Verify all statutory references and constitutional citations for accuracy before filing.
2. Add citations to Nevada Revised Statutes or Nevada case law where appropriate and certain.
3. Attach all referenced exhibits and update the Table of Contents and page numbers accordingly.
4. Ensure compliance with local district-court rules regarding formatting, page limits, and motion calendaring.
5. If challenging a warrantless search, adjust headings and arguments to address warrant exceptions (e.g., consent, exigency, inventory search).]