IN THE [DISTRICT/JUSTICE] COURT OF THE STATE OF UTAH

IN AND FOR [COUNTY] COUNTY

STATE OF UTAH,
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

MOTION TO SUPPRESS EVIDENCE

TABLE OF CONTENTS

1. Introduction.....................................................1
2. Statement of Relevant Facts......................................1
3. Standing.........................................................2
4. Governing Law and Standards of Review............................2
5. Argument.........................................................4
     A. The Search Warrant Was Invalid................................4
     B. The Warrantless Search Was Unconstitutional...................6
     C. The Seizure Exceeded the Scope of the Warrant.................7
     D. The “Fruit of the Poisonous Tree” Doctrine Applies............8
     E. The Good-Faith Exception Is Inapplicable......................9
6. Request for Evidentiary Hearing.................................10
7. Conclusion......................................................11
8. Certificate of Service..........................................11
9. Proposed Order (Attached).......................................12

[// GUIDANCE: Update page numbers after finalizing.]

1. INTRODUCTION

COMES NOW the Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to the Fourth and Fourteenth Amendments to the United States Constitution, Article I § 14 of the Utah Constitution, Utah Rule of Criminal Procedure 12, and Utah Rules of Evidence 402–403, for an order suppressing all evidence obtained as a result of the unlawful search and seizure that occurred on [DATE OF SEARCH].

2. STATEMENT OF RELEVANT FACTS

[PLACEHOLDER—Provide a concise, numbered chronology of facts leading up to the search/seizure. Include the location, officers involved, warrant details (if any), items seized, and subsequent investigative steps.]

[// GUIDANCE: Facts should be presented in the light most favorable to suppression but must remain accurate; attach exhibits (police reports, warrant, affidavit) as necessary and label them “Exhibit A,” “Exhibit B,” etc.]

3. STANDING

Defendant had a legitimate expectation of privacy in [describe: the residence/vehicle/electronic device/etc.] because [explain proprietary or possessory interest and control]. Accordingly, Defendant has standing to challenge the search and seizure. See Utah R. Evid. 301 (allocation of burdens).

4. GOVERNING LAW AND STANDARDS OF REVIEW

4.1 Constitutional Provisions
 a. U.S. Const. amend. IV (protection against unreasonable searches and seizures).
 b. Utah Const. art. I § 14 (state corollary providing at least equal protection).

4.2 Utah Rules of Criminal Procedure
 a. Rule 12(b)(3) – Motion alleging defect in evidence acquisition must be raised before trial.
 b. Rule 12(d) – Motion to suppress shall be filed no later than 14 days after arraignment unless good cause is shown.
 c. Rule 12(i) – Burden of proof on the State to show lawfulness by a preponderance of the evidence once defendant establishes a prima facie claim.

4.3 Utah Rules of Evidence
 Rules 402–403 bar admission of evidence that is obtained in violation of constitutional protections or whose probative value is substantially outweighed by unfair prejudice.

4.4 Good-Faith Exception
Utah recognizes a limited good-faith exception to the exclusionary rule when officers objectively and reasonably rely on a facially valid warrant. This exception does not apply where the warrant is unsupported by probable cause, is facially deficient, or where officers mislead the issuing magistrate.

5. ARGUMENT

A. The Search Warrant Was Invalid

1. Lack of Probable Cause: The affidavit omitted material facts and relied on conclusory statements (Utah Const. art. I § 14).
2. Staleness: Information underpinning the warrant was [X] days old, rendering probable cause stale.
3. Overbreadth: The warrant lacked particularity as to [premises/items], violating the particularity requirement of the Fourth Amendment.

B. The Warrantless Search Was Unconstitutional (If Applicable)

1. No Applicable Exception: The State bears the burden to establish an exception (e.g., consent, exigency, search incident to arrest).
2. Invalid Consent: Any alleged consent was not knowing, voluntary, or intelligent under the totality of circumstances.

C. The Seizure Exceeded the Scope of the Warrant

Items seized—including [list]—were not identified in the warrant, rendering them illegally obtained.

D. The “Fruit of the Poisonous Tree” Doctrine Applies

Evidence subsequently obtained, including [statements/physical evidence], is derivative of the initial illegality and must likewise be suppressed.

E. The Good-Faith Exception Is Inapplicable

1. The warrant was based on an affidavit so lacking in probable-cause indicia that reliance was objectively unreasonable.
2. The magistrate abandoned a neutral judicial role.
3. Officers knew or should have known the warrant was defective and acted with reckless disregard for constitutional requirements.

[// GUIDANCE: Tailor Sections 5.A–5.E to your case theory; delete any inapplicable ground for suppression.]

6. REQUEST FOR EVIDENTIARY HEARING

Pursuant to Utah R. Crim. P. 12(h), Defendant requests an evidentiary hearing to establish all factual predicates for suppression. Anticipated witnesses include [Officer Names], the affiant, and any other individuals involved in the search or seizure.

7. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that this Court:

1. Grant Defendant’s Motion to Suppress;
2. Exclude from trial all physical evidence, statements, and derivative evidence obtained as a result of the unlawful search and seizure; and
3. Order any other relief the Court deems just and proper.

8. CERTIFICATE OF SERVICE

I hereby certify that on [MM/DD/YYYY], I caused a true and correct copy of the foregoing Motion to Suppress Evidence, together with all exhibits, to be served on the [County] County Attorney’s Office by [method of service permitted under Utah R. Crim. P. 17 & Utah R. Civ. P. 5].

Respectfully submitted this [DAY] day of [MONTH], [YEAR].
plaintext

[ATTORNEY NAME] ([Bar No.])
Attorney for Defendant
[Firm Name]
[Address]
[City, State ZIP]
[Telephone] | [Email]

9. PROPOSED ORDER

(Submit as a separate document if local practice requires.)

plaintext
IN THE [DISTRICT/JUSTICE] COURT OF THE STATE OF UTAH
IN AND FOR [COUNTY] COUNTY

STATE OF UTAH, )
Plaintiff, )
) ORDER GRANTING MOTION
v. ) TO SUPPRESS EVIDENCE
)
[DEFENDANT NAME], ) Case No.: [CASE NUMBER]
Defendant. ) Judge: [JUDGE NAME]
)

The Court, having reviewed Defendant’s Motion to Suppress Evidence, the memoranda and exhibits submitted, and having heard argument of counsel, FINDS good cause and legal merit for the motion, and hereby ORDERS:

1. Defendant’s Motion to Suppress is GRANTED.
2. The following evidence is hereby SUPPRESSED and excluded from use in the State’s case-in-chief:
   a. [List items suppressed]
   b. All derivative evidence and statements obtained subsequent to the unlawful search/seizure.
3. Any further relief consistent with this Order.

DATED this ___ day of _, 20.

[JUDGE NAME]
[Title], [District/Justice] Court

APPENDICES & EXHIBITS (Placeholder List)

• Exhibit A – Search Warrant
• Exhibit B – Affidavit in Support of Warrant
• Exhibit C – Police Reports/Body-Cam Footage Index
• Exhibit D – Inventory Return

[// GUIDANCE: Label and paginate all exhibits consistently; redact sensitive information per Utah R. Crim. P. 4-202.09 (confidential records).]

PRACTICE NOTES & CHECKLIST

1. Filing Deadlines
    • File within 14 days after arraignment (Utah R. Crim. P. 12(d)) unless Court grants extension for good cause.
    • Serve opposing counsel the same day via method permitted under Utah R. Crim. P. 17 & Utah R. Civ. P. 5.

2. Supporting Memorandum
    • Many Utah judges require a separate memorandum of points and authorities. Combine with motion if local rule allows.

3. Page & Word Limits
    • Check local supplemental rules for page limits; move for leave to exceed if necessary.

4. Hearing Scheduling
    • Coordinate with clerk for hearing date; provide estimated length. Bring courtesy copies for the bench.

5. Protective Order
    • If sensitive discovery materials are attached, move for protective order or file under seal.

6. Record Preservation
    • Request that court reporter be present and that the State preserve original evidence pending appeal.

7. Optional Affidavit
    • If critical facts are not in the record, attach sworn affidavit from Defendant or other witness to establish standing and factual predicates.

[END OF TEMPLATE]