State Criminal Motion to Suppress - South Dakota

Motion to Suppress Evidence

STATE OF SOUTH DAKOTA
COUNTY OF [____________]
IN CIRCUIT COURT, [____________] JUDICIAL CIRCUIT

Defendant [NAME], through [COUNSEL NAME], moves under SDCL § 23A-8-3(4) and the Fourth Amendment to suppress the evidence identified below. This motion concerns the search, seizure, and, if selected, custodial questioning on [DATE] at [LOCATION]. Defendant requests a hearing and essential findings on contested facts under SDCL § 23A-8-8.

1. Evidence and requested relief

Defendant requests suppression only to the extent the Court finds the identified evidence was obtained in violation of the asserted constitutional rule and is subject to exclusion after considering any applicable exception or limitation. A Miranda warning claim in Section 4 seeks exclusion of the identified statements; it does not, by itself, seek exclusion of physical evidence derived from an unwarned statement.

2. Case and filing posture

1. The State charged Defendant with [OFFENSE AND STATUTORY CITATION] by [COMPLAINT / INFORMATION / INDICTMENT] filed [DATE]. This action is pending in this circuit court. SDCL § 16-6-12 states the court's felony and concurrent misdemeanor jurisdiction.
2. The State disclosed [REPORT / BODY CAMERA / RECORDING / PROPERTY INVENTORY] on [DATE]. It shows the acts described below.
3. This motion is filed before trial and by the Court's [DATE] deadline. SDCL § 23A-8-3(4) requires suppression motions to be raised before trial; § 23A-8-4 permits the Court to set motion and hearing dates. If the deadline has passed, Defendant requests relief for cause shown under § 23A-8-9 and explains the cause: [____________].

3. Facts supporting the search or seizure claim

1. On [DATE AND TIME], [OFFICER NAME AND AGENCY] [ENTERED / STOPPED / DETAINED / SEARCHED] [PERSON OR PLACE]. The relevant facts are [SPECIFIC FACTS, WITH RECORD CITATIONS].
2. The State asserts [WARRANT / CONSENT / EXIGENCY / OTHER AUTHORITY]. Defendant contests it because [FACTUAL BASIS AND RECORD CITATIONS].
3. The search or seizure produced [EVIDENCE]. The connection between the challenged act and each item is [____________].
4. The disputed facts needing testimony are [____________]. Proposed witnesses and exhibits are [____________].

4. Legal grounds

A. Fourth Amendment search or seizure

The Fourth Amendment protects people against unreasonable searches and seizures and requires probable cause and particularity for warrants. U.S. Const. amend. IV. On the facts in Section 3, Defendant contends that [SPECIFY WARRANT DEFECT OR WHY THE ASSERTED WARRANT EXCEPTION FAILS]. The State's anticipated position is [____________]; Defendant's response is [____________]. Defendant requests exclusion of [SPECIFIC EVIDENCE] if the Court finds a violation and determines exclusion is warranted under the law applicable to that violation.

B. Custodial statements, if applicable

☐ Defendant was in custody because [SPECIFIC FACTS]. Officers questioned Defendant by [QUESTIONS OR CONDUCT] on [DATE] before giving the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966). The exact unwarned statement(s) are [____________]. Defendant requests exclusion of those statement(s) from the prosecution's case, subject to the applicable law and any facts concerning warnings, waiver, and use of the statements.

☐ This ground is not asserted.

5. Hearing and order requested

Defendant asks the Court to:

1. Set a hearing for [DATE OR "the Court's earliest available date"] under SDCL § 23A-8-4;
2. Receive [WITNESS / EXHIBIT] and resolve the factual disputes in Sections 3 and 4;
3. State essential factual findings on the record under SDCL § 23A-8-8;
4. Suppress [PRECISE ITEMS OR STATEMENTS] if the Court finds the applicable grounds and no controlling exception permits their use; and
5. Grant any further appropriate relief.

If newly discovered evidence warrants another suppression hearing after the scheduled hearing, Defendant may request that the Court exercise its authority under SDCL § 23A-8-5. This motion does not assume a further hearing is automatic.

Dated: [____________]

[COUNSEL NAME]
[SD BAR NUMBER]
[ADDRESS]
[PHONE / EMAIL]
Counsel for Defendant

Notice of hearing

The hearing is scheduled for [DATE AND TIME] at [COURTROOM / ADDRESS], before [JUDGE], or at a time later set by the Court. If no hearing date has been assigned, replace this paragraph after the Court schedules one.

Certificate of service

I certify that on [DATE], I served this motion on [PROSECUTOR NAME AND OFFICE] by [METHOD], at [ADDRESS OR APPROVED ELECTRONIC ADDRESS].

[SIGNATURE]
[COUNSEL NAME]