IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

STATE OF OREGON,
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Case No. [CASE NUMBER]

MOTION TO SUPPRESS EVIDENCE;

MEMORANDUM OF LAW;

REQUEST FOR EVIDENTIARY HEARING;

[PROPOSED] ORDER

[// GUIDANCE: Insert court-approved caption sheet if local rules require a separate cover.]

TABLE OF CONTENTS

1. Notice of Motion ··· § 1
2. Motion ··· § 2
3. Memorandum of Law
   3.1 Introduction ··· § 3(A)
   3.2 Statement of Relevant Facts ··· § 3(B)
   3.3 Legal Argument ··· § 3(C)
   3.4 Request for Evidentiary Hearing ··· § 3(D)
   3.5 Conclusion ··· § 3(E)
4. Declaration of [Declarant] ··· § 4
5. [Proposed] Order ··· § 5
6. Certificate of Service ··· § 6

[// GUIDANCE: Update page numbers when finalizing; Oregon state courts do not mandate a Table of Contents, but one is strongly recommended for motions exceeding ten pages.]

§ 1 NOTICE OF MOTION

TO: The District Attorney of [COUNTY] County, and to the above-entitled Court.

PLEASE TAKE NOTICE that on [Hearing Date] at [Time] a.m./p.m., or as soon thereafter as counsel may be heard in Courtroom [Number] of the [COUNTY] County Circuit Court, Defendant [DEFENDANT NAME], by and through undersigned counsel, will and hereby does move the Court for an order suppressing:

a. All physical evidence seized from [Location/Person];
b. All statements, admissions, or confessions obtained from Defendant; and
c. All fruits, instrumentalities, and derivative evidence obtained as a result.

This Motion is brought pursuant to:

• Or. Rev. Stat. § 133.693 (2023) (motions to suppress);
• Or. Rev. Stat. § 136.432 (2023) (statutory exclusionary limitations);
• Article I, § 9 of the Oregon Constitution;
• U.S. Const. amends. IV and XIV; and
• The Oregon Evidence Code and applicable court rules.

§ 2 MOTION

Defendant respectfully moves this Court for an order suppressing the evidence identified above on the grounds that it was obtained in violation of Defendant’s rights under the Oregon Constitution and the United States Constitution. The search, seizure, and detention at issue were conducted without lawful authority, without valid probable cause, and/or in a manner that exceeded the permissible scope of any warrant or exception thereto. The State cannot meet its burden of proving the admissibility of the challenged evidence.

[// GUIDANCE: If a written warrant exists, attach it as Exhibit A; if a transcript of a telephonic warrant exists, attach as Exhibit B.]

§ 3 MEMORANDUM OF LAW

§ 3(A) Introduction

This case presents a textbook violation of the protections guaranteed by Article I, § 9 of the Oregon Constitution and the Fourth Amendment. Because the officers acted without probable cause and outside the bounds of any valid warrant exception, suppression is the only adequate remedy.

§ 3(B) Statement of Relevant Facts

[PLACEHOLDER—Provide a concise chronological narrative. Include times, locations, officer names/badge numbers, warrant application details, and any statements made.]

[// GUIDANCE: Facts should be presented neutrally; argumentative framing belongs in § 3(C).]

§ 3(C) Legal Argument

1. Applicable Suppression Standard
   a. Under Or. Rev. Stat. § 133.693(3), the State bears the burden of proving by a preponderance that the challenged evidence was lawfully obtained.
   b. Article I, § 9 requires exclusion of evidence obtained in violation of its proscriptions absent a recognized attenuation, independent-source, or inevitable-discovery doctrine.
   c. The federal good-faith exception does not override the broader protections afforded by Article I, § 9. Even under federal analysis, the exception is inapplicable where (i) the warrant is facially deficient, (ii) the affiant was reckless or dishonest, or (iii) officers could not objectively rely on the warrant.

2. The Warrant (If Any) Was Unsupported by Probable Cause
   i. [Identify conclusory statements, stale information, or missing nexus between alleged crime and place to be searched.]
   ii. Without a substantial basis, the issuing magistrate’s determination is void and evidence seized pursuant to the warrant must be suppressed.

3. The Search Exceeded the Authorized Scope
   i. [Detail area/items searched beyond warrant.]
   ii. Search of digital devices, containers, or persons not named in the warrant violated constitutional limits.

4. The Seizure and Detention Were Unlawful
   i. [Address traffic stop, investigatory stop, or arrest.]
   ii. Lack of reasonable suspicion/probable cause invalidates any consent or subsequent search.

5. The State Cannot Invoke Any Valid Exception
   a. Consent: Not knowing, intelligent, or voluntary.
   b. Exigent Circumstances: Absent or created by law enforcement.
   c. Good-Faith Reliance: Unavailable under state law and unfounded under federal law here.

6. Derivative Evidence (Fruit-of-the-Poisonous-Tree) Must Also Be Suppressed
   Evidence causally linked to the initial illegality is inadmissible unless the State can prove independent source or attenuation, neither of which applies.

§ 3(D) Request for Evidentiary Hearing

Pursuant to Or. Rev. Stat. § 133.693(1), Defendant requests an evidentiary hearing to resolve factual disputes concerning the legality of the search and seizure. Live testimony from the officers involved is necessary to establish the circumstances under which the evidence was obtained.

§ 3(E) Conclusion

For the foregoing reasons, Defendant respectfully requests that this Court:
1. Conduct an evidentiary hearing; and
2. Issue an order suppressing all evidence identified herein and any derivative evidence.

Respectfully submitted,

Dated: [DATE]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], OSB No. [NUMBER]
Attorney for Defendant [DEFENDANT NAME]
[Address] | [Phone] | [Email]

§ 4 DECLARATION OF [DECLARANT]

I, [Declarant Name], declare:

1. I am the attorney of record for Defendant. I have personal knowledge of the procedural history of this case.
2. The factual assertions in §§ 1–2 of the accompanying Motion and Memorandum are true and correct to the best of my knowledge and belief.
3. Exhibits [A–__] are true and correct copies, incorporated herein by reference.

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

Executed on [DATE] at [CITY], Oregon.

/s/ [Declarant Name]

§ 5 [PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]

State of Oregon v. [DEFENDANT NAME]
Case No. [CASE NUMBER]

The Court, having read and considered Defendant’s Motion to Suppress Evidence, the pleadings and records on file, and the evidence and argument presented at hearing, finds that the evidence identified in the Motion was obtained in violation of Defendant’s rights under Article I, § 9 of the Oregon Constitution and the Fourth and Fourteenth Amendments to the United States Constitution.

IT IS HEREBY ORDERED that:

1. Defendant’s Motion to Suppress is GRANTED.
2. The following evidence is SUPPRESSED and may not be introduced by the State for any purpose:
   a. [Item 1];
   b. [Item 2]; and
   c. All fruits, instrumentalities, and derivative evidence thereof.

DATED this ___ day of _, 20.

Circuit Court Judge
[Printed Name]

§ 6 CERTIFICATE OF SERVICE

I certify that on [DATE] I served a true and correct copy of the foregoing Motion to Suppress Evidence, Memorandum of Law, Declaration, and Proposed Order upon the following by [method of service permitted under ORCP 9]:

• [Name], Deputy District Attorney
[Address]
[Email/Fax]

DATED: [DATE]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], OSB No. [NUMBER]

ADDITIONAL PRACTICE NOTES

[// GUIDANCE: The Oregon Uniform Trial Court Rules (UTCR 4.070) require motions longer than ten pages to include a summary of argument; if applicable, insert between §§ 3(A) and 3(B). Local motion-setting procedures vary by county—confirm scheduling requirements with the clerk. Consider filing a contemporaneous Motion in Limine to preclude reference to suppressed evidence until ruling.]