IN THE [COURT OF COMMON PLEAS/SUPERIOR COURT] OF [COUNTY] COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
Commonwealth of Pennsylvania
v.
[DEFENDANT’S FULL LEGAL NAME],
Defendant.
Docket No.: [DOCKET NUMBER]
Charges: [LIST CHARGES]
Hearing Date: [MM/DD/YYYY]
MOTION TO SUPPRESS EVIDENCE
(Pursuant to Pa.R.Crim.P. 581 and Article I, § 8 of the Pennsylvania Constitution)
[DEFENDANT’S NAME] (“Defendant”), by and through undersigned counsel, respectfully moves this Honorable Court for an Order suppressing the evidence described herein and, in support thereof, avers as follows:
[// GUIDANCE: This template is drafted for Pennsylvania state-court practice. Tailor factual allegations, legal theories, and requested relief to the particulars of your case.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Preliminary Statement
- Statement of Jurisdiction & Venue
- Procedural History
- Statement of Facts
- Argument
7.1. Illegal Search and Seizure (Article I, § 8)
7.2. Federal Fourth Amendment Grounds
7.3. Lack of Probable Cause / Particularity
7.4. Failure to Obtain Valid Warrant or Exception
7.5. Commonwealth’s Burden of Proof under Pa.R.Crim.P. 581(H)
7.6. Rejection of Federal “Good-Faith” Exception under Pennsylvania Law - Requested Relief
- Proposed Order
- Verification
- Certificate of Service
1. DEFINITIONS
For purposes of this Motion, the following terms have the meanings set forth below:
1.1 “Commonwealth” means the Commonwealth of Pennsylvania, acting through the Office of the District Attorney of [COUNTY] County.
1.2 “Defendant” means [DEFENDANT’S FULL LEGAL NAME].
1.3 “Subject Evidence” means all tangible or intangible evidence seized on [DATE] from [LOCATION], including, without limitation, [DESCRIBE ITEMS].
[// GUIDANCE: Add or delete defined terms as needed; ensure consistency throughout.]
2. PRELIMINARY STATEMENT
This Motion is filed pursuant to Pennsylvania Rule of Criminal Procedure 581 and seeks suppression of the Subject Evidence on the grounds that it was obtained in violation of Defendant’s rights under:
a. Article I, § 8 of the Pennsylvania Constitution; and
b. The Fourth and Fourteenth Amendments to the United States Constitution.
3. STATEMENT OF JURISDICTION & VENUE
3.1 This Court has jurisdiction over the subject matter and the parties pursuant to 42 Pa.C.S. §§ 931 & 972.
3.2 Venue is proper in [COUNTY] County because the alleged offenses and the search and seizure at issue occurred within this judicial district.
4. PROCEDURAL HISTORY
4.1 On [ARREST DATE], Defendant was arrested and charged by [CRIMINAL COMPLAINT/INFORMATION] with [LIST CHARGES].
4.2 On [DATE], law enforcement executed [TYPE OF SEARCH: warrantless stop, search warrant, etc.] at [LOCATION], seizing the Subject Evidence.
4.3 No prior suppression motion addressing the Subject Evidence has been ruled upon by this Court.
[// GUIDANCE: Modify to reflect your docket’s procedural posture.]
5. STATEMENT OF FACTS
5.1 On [DATE & TIME], [IDENTIFY OFFICERS] approached Defendant at [LOCATION].
5.2 [DESCRIBE FACTUAL SEQUENCE LEADING TO SEIZURE].
5.3 The warrant (if any) was issued by [MAGISTERIAL DISTRICT JUDGE] on [DATE] based solely on [SOURCE OF INFORMATION].
5.4 The affidavit of probable cause lacked [SPECIFY DEFICIENCIES—e.g., nexus, corroboration, time frame].
5.5 The officers conducted [SEARCH/SEIZURE] without [VALID EXCEPTION/WARRANT].
[// GUIDANCE: Provide detailed, record-supported facts; allegations at this stage may be “on information and belief.”]
6. ARGUMENT
6.1 Governing Legal Standards
6.1.1 Pa.R.Crim.P. 581(B) requires that a motion to suppress be filed prior to trial and states that the Commonwealth bears the burden of proving the admissibility of challenged evidence.
6.1.2 Under Article I, § 8, Pennsylvania affords greater privacy protections than the Fourth Amendment. The Commonwealth must establish the legality of the search by a preponderance of the evidence (Pa.R.Crim.P. 581(H)).
6.1.3 Pennsylvania jurisprudence rejects the blanket application of the federal “good-faith” exception. Evidence obtained pursuant to an invalid warrant is presumptively inadmissible absent an independent, constitutionally recognized exception.
6.2 Illegal Search and Seizure Under Article I, § 8
6.2.1 The search warrant was unsupported by probable cause because [EXPLAIN DEFICIENCIES].
6.2.2 The warrant lacked particularity as it failed to describe with reasonable specificity the place to be searched and items to be seized, contravening the constitutional mandate.
6.2.3 No exigent circumstances justified the warrantless intrusion into [LOCATION].
6.3 Federal Fourth Amendment Grounds (In the Alternative)
6.3.1 Even if the Court were to apply Fourth Amendment standards, the warrant was so facially deficient that no reasonable officer could presume its validity.
6.3.2 The officers’ conduct fails under the “objective reasonableness” test required to invoke any potential federal good-faith exception.
6.4 Commonwealth’s Burden Under Pa.R.Crim.P. 581(H)
The Commonwealth must demonstrate, by a preponderance of the evidence, that the challenged evidence was obtained in a constitutional manner. Failure to do so requires suppression.
7. REQUESTED RELIEF
WHEREFORE, Defendant respectfully requests that this Honorable Court:
a. Conduct an evidentiary hearing pursuant to Pa.R.Crim.P. 581(F);
b. Suppress the Subject Evidence and all fruits thereof;
c. Grant such other relief as the Court deems just and proper.
Respectfully submitted,
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], Esquire
PA Attorney I.D. No. [NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant
Date: [MM/DD/YYYY]
8. PROPOSED ORDER
text
IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
Commonwealth v. [DEFENDANT]
Docket No.: [NUMBER]
ORDER
AND NOW, this ___ day of ____, 20__, upon consideration of Defendant’s Motion to Suppress Evidence and after hearing thereon, it is hereby ORDERED and DECREED that:
- The Motion is GRANTED.
- All evidence seized on [DATE] from [LOCATION], including but not limited to [DESCRIBE ITEMS], and all derivative evidence are SUPPRESSED.
BY THE COURT: ________
J.
[// GUIDANCE: Attach this Proposed Order as a separate document per local practice, or include within the motion if permitted.]
9. VERIFICATION
I, [DEFENDANT’S NAME], verify that the statements made in the foregoing Motion to Suppress are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (unsworn falsification to authorities).
[DEFENDANT’S NAME]
Date: [MM/DD/YYYY]
[// GUIDANCE: Pennsylvania practice generally requires verification by a party for factual averments. If counsel signs, add Rule 575(G) certification.]
10. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Motion to Suppress Evidence and Proposed Order was served upon the Office of the District Attorney of [COUNTY] County at [ADDRESS], via [METHOD OF SERVICE] in accordance with Pa.R.Crim.P. 576.
[ATTORNEY NAME], Esquire
ADDITIONAL PRACTICE NOTES
[// GUIDANCE:
1. File and serve the motion within the time limits of Pa.R.Crim.P. 579.
2. Confer with the Commonwealth to schedule a suppression hearing; obtain a date certain from the Court’s criminal case manager.
3. Attach any exhibits (warrant, affidavit, police reports, etc.) as separate, Bates-labeled appendices and reference them in the Statement of Facts.
4. Be prepared to argue both state and federal grounds; Pennsylvania’s higher constitutional standard often controls.
5. If discovery is incomplete, simultaneously move to compel under Pa.R.Crim.P. 573.
]