MOTION TO SUPPRESS EVIDENCE

(Texas State Criminal Court)

[// GUIDANCE: This master template is drafted to comply with the Texas Code of Criminal Procedure, Texas Rules of Evidence, and controlling constitutional standards. Replace all bracketed text with matter-specific information, add or delete sections as needed, and attach supporting exhibits (e.g., warrant, offense report, video) at filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Relief Requested
   3.2 Legal Bases for Suppression
   3.3 Statement of Relevant Facts
   3.4 Argument & Authorities
   3.5 Prayer
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (Not Applicable)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Certificate of Service

1. DOCUMENT HEADER

Cause No. [CAUSE NO.]
STATE OF TEXAS § IN THE [___] COURT
v. § [___] JUDICIAL DISTRICT
[DEFENDANT FULL NAME] § [COUNTY] COUNTY, TEXAS

MOTION TO SUPPRESS EVIDENCE AND INCORPORATED MEMORANDUM OF LAW
Effective Filing Date: [DATE]

TO THE HONORABLE JUDGE OF SAID COURT:

2. DEFINITIONS

For purposes of this Motion, the following terms have the meanings set forth below; capitalized terms apply throughout and cross-reference to the section numbers indicated in parentheses:

“Defendant” – [DEFENDANT FULL NAME] (Header)
“Search” – The investigative conduct undertaken on or about [SEARCH DATE] at [LOCATION] (3.3)
“Evidence” – All tangible items, statements, and derivative information obtained during the Search, including but not limited to [ITEM LIST] (3.1)
“Officer(s)” – [NAME(S) AND AGENCY], the law-enforcement agents who conducted or assisted with the Search (3.3)
“Motion” – This Motion to Suppress Evidence (cover page)

3. OPERATIVE PROVISIONS

3.1 Relief Requested

Pursuant to U.S. Const. amend. IV; Tex. Const. art. I, § 9; and Tex. Code Crim. Proc. art. 38.23, Defendant respectfully moves the Court to:

a. Suppress the Evidence described above;
b. Preclude any reference to, mention of, or testimony about the Evidence in the presence of the jury; and
c. Order the State to produce and identify all derivative fruits of the challenged Evidence.

3.2 Legal Bases for Suppression

1. Warrantless Search and Seizure – The Search was executed without a valid warrant or recognized exception.
2. Lack of Probable Cause – Alternatively, any warrant issued lacked sufficient probable cause on its face.
3. Illegal Detention / Arrest – The initial detention of Defendant was unsupported by reasonable suspicion or probable cause and tainted all subsequently obtained Evidence.
4. Violation of Statutory Exclusionary Rule – Under art. 38.23(a), Evidence obtained in violation of state or federal law is inadmissible.
5. Inapplicability of Good-Faith Exception – The State bears the burden under art. 38.23(b) to establish objective good faith; the facts, even if accepted, do not meet that burden.

3.3 Statement of Relevant Facts

[// GUIDANCE: Provide a concise, chronologically ordered narrative supported by pinpoint record citations. Identify the time of initial contact, detention, search, seizure, statements, and chain of custody. Attach exhibits as necessary.]

1. On [DATE/TIME], Officer(s) [NAME] initiated contact with Defendant at [LOCATION].
2. Officer(s) detained Defendant for [DURATION] without articulable reasonable suspicion.
3. Without consent, warrant, or exigent circumstances, Officer(s) searched [VEHICLE/RESIDENCE/PERSON].
4. During the Search, Officer(s) seized [ITEMS].
5. Officer(s) interrogated Defendant, eliciting statements without Miranda warnings.

3.4 Argument & Authorities

A. Burden of Proof – Once the Defendant establishes the occurrence of a warrantless search or seizure, the State must prove the reasonableness thereof. [Tex. R. Evid. 401–403; art. 38.23]

B. Constitutional Violations – The Search violated Defendant’s right to be free from unreasonable searches and seizures (U.S. Const. amend. IV; Tex. Const. art. I, § 9).

C. Statutory Violations – Article 38.23 mandates exclusion of evidence obtained “in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America.”

D. Good-Faith Exception – The State cannot meet art. 38.23(b) because:
1. Any warrant was facially deficient;
2. No reasonable officer could have relied on the warrant in objective good faith;
3. Officer(s) acted with reckless disregard for constitutional requirements.

E. Derivative Evidence (“Fruit of the Poisonous Tree”) – Suppression must extend to all evidence derived from the primary illegality.

3.5 Prayer

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be GRANTED in all things, that the Evidence (and all fruits thereof) be suppressed, and for such other and further relief to which Defendant may be justly entitled.

4. REPRESENTATIONS & WARRANTIES

Defendant, through counsel, represents that the factual allegations herein are true and correct to the best of counsel’s knowledge, formed after reasonable inquiry, and that this Motion is filed in good faith and not for purposes of delay.

5. COVENANTS & RESTRICTIONS

Defendant covenants to:
a. Make all witnesses and exhibits referenced herein available for in-camera review upon the Court’s request;
b. Provide timely notice to the State of any supplemental authority or newly discovered evidence relevant to this Motion.

6. DEFAULT & REMEDIES

Should the State fail to meet its burden at a pre-trial hearing, Defendant is entitled to:
1. Immediate suppression of the Evidence;
2. An instruction to the jury regarding the unlawfulness of any excluded Evidence, if applicable; and
3. Any other sanction the Court deems just, including dismissal of the indictment if the suppressed Evidence is essential to prosecution.

7. RISK ALLOCATION

Not applicable to criminal motions.

8. DISPUTE RESOLUTION

Governing Law: This Motion is governed by the Constitution of the United States, the Constitution and statutes of the State of Texas, and the Texas Rules of Criminal Procedure.
Forum: The [___] Court, [COUNTY] County, Texas, retains exclusive jurisdiction to adjudicate this Motion.

9. GENERAL PROVISIONS

1. Reservation of Rights – Defendant reserves the right to amend or supplement this Motion upon receipt of additional discovery.
2. Severability – Should any portion of this Motion be found procedurally improper, the remaining portions shall continue in full force and effect.
3. Integration – This document constitutes the entire Motion on suppression issues presently known to Defendant.

10. EXECUTION BLOCK

Respectfully submitted,

[ATTORNEY NAME]
State Bar No. [SBOT NO.]
[LAW FIRM / ADDRESS]
Phone: [] Fax: []
Email: [___]
ATTORNEY FOR DEFENDANT

VERIFICATION (Unsworn Declaration – Tex. Civ. Prac. & Rem. Code § 132.001):

“My name is [DEFENDANT NAME]. My date of birth is [DOB], and my address is [ADDRESS]. I declare under penalty of perjury that the foregoing factual statements are true and correct.”

[DEFENDANT NAME] Date: _____

[// GUIDANCE: Some Texas courts require the defendant—not counsel—to verify fact-dependent suppression motions. Remove or modify the verification as local practice dictates.]

11. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion was served on the [DISTRICT/COUNTY] Attorney’s Office on [DATE] by [METHOD: e-file, hand delivery, email].

[ATTORNEY NAME]