State Criminal Motion to Suppress

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IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA
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State of Oklahoma, )
Plaintiff, )
) Case No. [___]
v. )
) Judge: Hon. ☐
[DEFENDANT FULL LEGAL NAME], )
Defendant. )

DEFENDANT’S MOTION TO SUPPRESS EVIDENCE AND REQUEST
FOR PRE-TRIAL EVIDENTIARY HEARING

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TABLE OF CONTENTS
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1. Document Header (Caption & Title) ..................................... 1
2. Preliminary Statement ................................................. 2
3. Definitions ........................................................... 2
4. Statement of Relevant Facts .......................................... 3
5. Standing .............................................................. 4
6. Legal Standards ....................................................... 5
7. Argument .............................................................. 6
8. Request for Evidentiary Hearing ....................................... 9
9. Prayer for Relief ..................................................... 9
10. Notice of Hearing .................................................... 10
11. Certificate of Service ............................................... 10
12. Proposed Order ....................................................... 11

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1. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT NAME] (“Defendant”), by and through
undersigned counsel of record, and respectfully moves this Court, pursuant
to the Fourth and Fourteenth Amendments to the United States Constitution,
Article II, § 30 of the Oklahoma Constitution, and all other applicable
state and federal authority, for an Order suppressing all evidence obtained
as a result of the unlawful search and seizure described herein. In
support of this Motion, Defendant states as follows:

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2. DEFINITIONS

For purposes of this Motion only, the following terms shall have the
meanings set forth below:

2.1 “Search” means the warrantless physical intrusion, electronic
surveillance, or other governmental investigative activity conducted on
[DATE] at [LOCATION].

2.2 “Seized Items” means all tangible and intangible property, data,
statements, or observations derived directly or indirectly from the Search,
including but not limited to [DESCRIBE ITEMS].

2.3 “Warrant” means Search Warrant No. ☐, purportedly issued by
Judge ☐ on [DATE] and executed on [DATE].

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3. STATEMENT OF RELEVANT FACTS

3.1 On [DATE] at approximately [TIME], officers of the [AGENCY] entered
[LOCATION] and conducted the Search.

3.2 The officers lacked a valid warrant at the time of entry. Alternatively,
the Warrant obtained was facially deficient and unsupported by probable
cause. (See ¶¶ 7.2–7.3 infra.)

3.3 Officers seized the Seized Items and subsequently relied on them to:
a. obtain additional warrants;
b. elicit statements from Defendant; and
c. form the basis of the charges filed in the above-captioned matter.

3.4 All material facts are further set forth in the Affidavit of
[NAME], attached hereto as Exhibit “A” and incorporated herein by reference.

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4. STANDING

Defendant was lawfully present at, and possessed a reasonable expectation of
privacy in, the premises searched and the Seized Items, thereby conferring
standing to challenge the legality of the Search under U.S. Const. amend. IV
and Okla. Const. art. II, § 30.

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5. LEGAL STANDARDS

5.1 Burden of Proof. The State bears the burden of proving the challenged
search or seizure was lawful.

5.2 Exclusionary Rule. Evidence obtained in violation of constitutional
protections must be suppressed, as must all fruits thereof (“fruit of the
poisonous tree”).

5.3 Good-Faith Exception. Oklahoma recognizes a limited good-faith
exception, but the State must affirmatively demonstrate objective reliance
on a warrant reasonably believed to be valid and supported by probable
cause. The exception does not apply where officers were reckless, misled
the magistrate, or where the warrant is so lacking in probable cause as to
render reliance unreasonable.

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6. ARGUMENT

6.1 Point I – The Warrantless Entry Violated the Fourth Amendment and
Oklahoma Constitution.
6.1.1 No exigent circumstances justified the entry.
6.1.2 Consent was neither given nor implied.

6.2 Point II – The Warrant Was Facially and Substantively Defective.
6.2.1 The Affidavit failed to establish probable cause.
6.2.2 The Warrant lacked sufficient particularity regarding the place
to be searched and items to be seized, rendering it invalid
on its face.

6.3 Point III – The Search Exceeded the Scope of the Warrant.
6.3.1 Officers seized items not described in the Warrant.
6.3.2 Officers employed investigative techniques (e.g., digital data
extraction) not authorized by the Warrant.

6.4 Point IV – The Good-Faith Exception Is Inapplicable.
6.4.1 The Affidavit was so lacking in indicia of probable cause that
reliance on it was objectively unreasonable.
6.4.2 The executing officers were aware of, or recklessly disregarded,
material misstatements and omissions.
6.4.3 Suppression is required to deter recurring or systemic police
misconduct.

6.5 Point V – Fruit-of-the-Poisonous-Tree Doctrine Requires Suppression
of All Derivative Evidence.
6.5.1 Subsequent warrants, statements, and forensic analyses are
tainted and must likewise be excluded.

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7. REQUEST FOR EVIDENTIARY HEARING

Pursuant to Oklahoma statutory and constitutional authority, Defendant
requests a full evidentiary hearing at which the State shall bear the burden
of proving the Search and Seizure were lawful.

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8. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:

A. Conduct an evidentiary hearing on the issues raised;
B. Enter an Order suppressing the Seized Items and all fruits thereof;
C. Bar the State from introducing such evidence at trial for any purpose,
including impeachment; and
D. Grant such other and further relief as this Court deems just and proper.

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9. NOTICE OF HEARING

PLEASE TAKE NOTICE that the foregoing Motion will be heard on
[DATE] at [TIME] in Courtroom ☐ of the [COUNTY] County Courthouse,
unless the Court directs otherwise.

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10. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __________, 20__, a true and correct
copy of the above and foregoing instrument was served upon the District
Attorney’s Office for [COUNTY] County by
☐ hand delivery ☐ electronic filing system ☐ email ☐ U.S. Mail.

__________________________________
[ATTORNEY NAME], OBA No. [___]
Counsel for Defendant

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11. PROPOSED ORDER

IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA

State of Oklahoma, )
Plaintiff, ) Case No. [___]
v. )
[DEFENDANT NAME], ) Judge: Hon. ☐
Defendant. )

ORDER ON DEFENDANT’S MOTION
TO SUPPRESS EVIDENCE

NOW on this ___ day of __________, 20__, the Court, having considered the
Defendant’s Motion to Suppress Evidence, the briefs and authorities
submitted, the testimony presented, and being fully advised in the premises,
finds as follows:

1. The Motion is [GRANTED / DENIED].

2. [If granted] All evidence described as “Seized Items” in the Motion,
   together with any and all derivative evidence, is hereby SUPPRESSED and
   shall not be admitted for any purpose at trial.

3. [Optional] The State shall file a written inventory of all suppressed
   material within five (5) judicial days of the date of this Order.

4. This matter is set for [PRE-TRIAL CONFERENCE / TRIAL] on __________.

IT IS SO ORDERED.

__________________________________
HON. ☐
District Judge, [COUNTY] County

Approved as to Form:
[ATTORNEY SIGNATURE BLOCKS]

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