A motion to suppress is the appropriate motion to suppress evidence gathered as a result of a bad stop or arrest. You should understand however that there is no right to resist an arrest even if it is an arrest without cause. You should be consulting with a criminal defense attorney and not handling this on your own.
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.
My colleague has it right. Retain an experienced criminal defense attorney who will evaluate the case and determine what pre trial motions should be filed. Good luck to you.
You need to hire an experienced criminal defense attorney to represent you. Legal pretrial motions need to be filed by an attorney familiar with your facts and the federal and state law dealing with probable cause to arrest. These cases are fact specific. Hire counsel and he/she will advise you on what motions to file pretrial.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
If I understand your question correctly, the kind of motion that would normally be directed towards an unlawful arrest is not going to solve your problem. Typically, evidence obtained as the result of an unlawful arrest can be challenged on a motion to quash the arrest and suppress evidence or whatever equivalent motion would proper under state law and practice. In your situation, however, the alleged invalidity of the arrest is probably of no significance because (1) the assault on the officer would still be criminal and (2) there is no evidence resulting from the arrest so there is nothing to suppress. I am inclined to think there are other reasons, too. You need a good attorney on this case and you need to stop taling about it and stop posting about it.
The statement you posted here, for example, is a confession that could get you convicted if the prosecutor were to find it here . . . and such things have happened. Loose lips sink ships.
A motion to suppress would be filed through an attorney. My concern is that it appears to say you assaulted him. That may just be some confusion on my part based upon how you phrased this. Make sure that you hire a qualified criminal defense attorney.
Michael L. Doyle