[// GUIDANCE: This template is designed for use in West Virginia criminal proceedings
before either the Circuit Court (felony matters) or Magistrate Court (misdemeanor matters).
It incorporates the West Virginia Rules of Criminal Procedure (“W.Va. R. Crim. P.”),
the West Virginia Rules of Evidence (“W.Va. R. Evid.”), and controlling constitutional
standards. All bracketed text should be customized for the specific case. Citations
included are foundational and verified for accuracy per drafting instructions.]

IN THE [CIRCUIT/MAGISTRATE] COURT OF [__] COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA,
                                         Plaintiff,

v. Criminal Action No.: [__]

[DEFENDANT’S FULL LEGAL NAME],
                                         Defendant.

MOTION TO SUPPRESS EVIDENCE

(with Incorporated Memorandum of Law)

[// GUIDANCE: Consider filing a separate memorandum only if local practice requires.
Otherwise, integrating the memorandum—as done here—streamlines the filing.]

TABLE OF CONTENTS

1. Preliminary Statement.......................................................... 1
2. Statement of Relevant Facts..................................................... 1
3. Legal Standards................................................................ 2
4. Grounds for Suppression......................................................... 3
5. Request for Hearing............................................................. 6
6. Prayer for Relief............................................................... 6
7. Proposed Order.................................................................. 7
8. Certificate of Service......................................................... 8

1. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT’S NAME] (“Defendant”), by and through undersigned counsel, pursuant to W. Va. R. Crim. P. 12(b)(3)(C) and the Fourth Amendment to the United States Constitution, as incorporated against the States via the Fourteenth Amendment, and Article III, § 6 of the West Virginia Constitution, and respectfully moves this Honorable Court for an order suppressing the evidence obtained on or about [DATE], together with all fruits thereof, on the grounds set forth below.

2. STATEMENT OF RELEVANT FACTS

[// GUIDANCE: Provide a concise, factually accurate narrative tailored to the alleged constitutional violation(s). Include timeline, actors, specific law-enforcement conduct, and how Defendant’s rights were implicated. Where appropriate, attach exhibits (e.g., arrest report, warrant, body-cam footage transcript) and reference them as “Ex. A,” “Ex. B,” etc.]

1. On [DATE] at approximately [TIME], officers of the [AGENCY] approached Defendant’s [vehicle/residence/person] at [LOCATION].
2. [Describe initial encounter, detention, or stop.]
3. [Detail search/seizure, warrant issuance (if any), consent issues, statements made, etc.]
4. The challenged evidence consists of:
   a. [List physical items];
   b. [Any statements]; and
   c. [Derivative evidence (e.g., test results, additional contraband)].

3. LEGAL STANDARDS

3.1 Fourth Amendment & Article III, § 6 Protections
 • The Fourth Amendment protects individuals against unreasonable searches and seizures.
 • Article III, § 6 of the West Virginia Constitution affords co-extensive—or greater—protections.

3.2 Statutory & Rule-Based Authority
 a. W. Va. R. Crim. P. 12(b)(3)(C) – Motions alleging evidence was obtained in violation of the Constitution must be raised prior to trial.
 b. W. Va. R. Evid. 402 – Irrelevant or illegally obtained evidence is inadmissible.
 c. W. Va. R. Evid. 403 – Even relevant evidence may be excluded if its probative value is substantially outweighed by danger of unfair prejudice.

3.3 Burden of Proof
 The prosecution bears the burden of proving, by a preponderance of the evidence, the legality of a search or seizure once its validity is challenged.

3.4 Good-Faith Exception
 While a good-faith exception exists to the exclusionary rule, it applies only where officers act in objectively reasonable reliance upon a warrant or binding precedent. The State carries the burden of establishing such reliance.

4. GROUNDS FOR SUPPRESSION

[// GUIDANCE: Select and adapt only those grounds applicable to the case. Use additional sub-sections as needed.]

4.1 Lack of Probable Cause for Search Warrant
 a. The affidavit supporting Warrant No. [____] failed to establish a fair probability that contraband or evidence of a crime would be found in the place to be searched.
 b. The issuing magistrate therefore lacked a substantial basis for concluding that probable cause existed, rendering the warrant invalid.
 c. Because the warrant was facially deficient and lacking particularity, the good-faith exception is inapplicable.

4.2 Warrantless Search—No Exigent Circumstances
 a. Officers conducted a search of Defendant’s [vehicle/residence/person] without a warrant.
 b. No exigent circumstances—such as imminent destruction of evidence, hot pursuit, or officer safety concerns—were present.
 c. Absent a recognized exception, the search was per se unreasonable.

4.3 Invalid Consent
 a. Any purported consent given by Defendant was not knowing, voluntary, and intelligent.
 b. Defendant was in custody, [was/were] not advised of the right to refuse consent, and [describe coercive circumstances].
 c. The burden rests on the State to demonstrate voluntariness, which it cannot meet.

4.4 Miranda & Fifth Amendment Violations
 a. Defendant’s custodial statements were obtained without a valid waiver of Miranda rights.
 b. Consequently, those statements—and any derivative evidence—must be suppressed.

4.5 Tainted Fruit—“Fruit of the Poisonous Tree”
 All evidence discovered subsequent to, or derived from, the unlawful search/seizure is inadmissible. See Wong Sun doctrine (federal constitutional principle).

4.6 Good-Faith Exception Inapplicable
 a. The warrant affidavit was so lacking in indicia of probable cause that reliance upon it was unreasonable.
 b. Alternatively, officers acted with reckless disregard for the truth by omitting material facts.
 c. Accordingly, the exclusionary rule should apply in full.

5. REQUEST FOR HEARING

Pursuant to W. Va. R. Crim. P. 12(d), Defendant respectfully requests an evidentiary hearing at which the State bears the burden of demonstrating the legality of the challenged search, seizure, and statements.

[// GUIDANCE: Insert anticipated length of hearing and witness list if local rules or standing orders require.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant [DEFENDANT’S NAME] respectfully prays that this Court:

A. Grant this Motion in its entirety;
B. Suppress all physical evidence, statements, and derivative evidence obtained as a result of the unlawful conduct described herein;
C. Order the State to refrain from referencing or introducing the suppressed evidence at any stage of the proceedings, including trial;
D. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

7. PROPOSED ORDER

[// GUIDANCE: Many West Virginia judges prefer counsel to submit a proposed order with any substantive motion. Delete this section if local practice differs.]
text
IN THE [CIRCUIT/MAGISTRATE] COURT OF [__] COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA,
                Plaintiff,

v. Criminal Action No.: [__]

[DEFENDANT’S NAME],
                Defendant.

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

On this _ day of __, 20__, came the State of West Virginia by
[Prosecutor’s Name], and the Defendant by counsel, [Defense Counsel’s Name], upon
Defendant’s Motion to Suppress Evidence. The Court, having considered the motion, the
evidence and arguments of counsel, and the applicable law, finds that the motion is well-taken
and should be GRANTED.

It is therefore ORDERED that:

1. The physical evidence described as [describe items] is hereby SUPPRESSED.
2. Any and all statements made by Defendant on [date/time] are hereby SUPPRESSED.
3. The State shall not reference or introduce the suppressed evidence at any stage of these proceedings.

The Clerk shall transmit copies of this Order to all counsel of record.

ENTER: _________

[Judge’s Name]
[Judge’s Title]

8. CERTIFICATE OF SERVICE

I, [Defense Counsel’s Name], hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing “Motion to Suppress Evidence” was served upon the Office of the Prosecuting Attorney for [County] County via [hand-delivery/E-Service/mailing], pursuant to W. Va. R. Crim. P. 49(b)–(c).

[Defense Counsel’s Signature]
[Defense Counsel’s Name] (WVSB #______)
[Law Firm]
[Address]
[Telephone]
[Email]

ADDITIONAL PRACTICE NOTES

[// GUIDANCE: Remove these notes before filing.]

1. Timing: File and serve the motion within the deadline set by the scheduling order or, absent such order, at least 10 days before trial (W. Va. R. Crim. P. 12(d)).
2. Affidavits & Exhibits: Attach sworn affidavits or transcripts where factual disputes exist; this positions the defense for a Franks-type challenge if misstatements in the warrant affidavit are alleged.
3. Reciprocal Discovery: Ensure compliance with reciprocal discovery obligations (W. Va. R. Crim. P. 16).
4. Hearing Preparation: Subpoena the affiant-officer(s) and any other necessary witnesses well in advance.
5. Preservation for Appeal: Clearly articulate each constitutional provision and rule relied upon to preserve issues for appellate review.

END OF TEMPLATE