When drafting a Motion to Suppress, your lawyer will look first to the police report (arresting affidavit) to find out what facts the police allege. These facts will guide the lawyer's argument as to why the Court should find that some unconstitutional police activity led to the discovery of contraband, which the lawyer will argue should be thrown out of court.
Process of Motion to Suppress
Fla. Rule of Criminal Procedure 3.190(g) provides the procedure for filing a Motion to Suppress:
3.190(g)(1) Grounds. A defendant aggrieved by an unlawful search and seizure may move to suppress anything so obtained for use as evidence because:
(A) the property was illegally seized without a warrant;
(B) the warrant is insufficient on its face;
(C) the property seized is not the property described in the warrant;
(D) there was no probable cause for believing the existence of the grounds on which the warrant was issued; or
(E) the warrant was illegally executed.
(2) Contents of Motion. Every motion to suppress evidence shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the motion is based.
Motion to Suppress Hearing
Once the motion is filed, and the lawyer gets hearing time with the court, the hearing will go as follows:
The State must present evidence (testimony) from officers to rebut your claim of unconstitutional police action. Your lawyer will then present any witnesses s/he decides to call.
At the close of testimony, both sides will present argument to the Judge, who will then decide, based on case law, whether to grant or deny the motion to suppress.
Additional resources provided by the author
See the Online Sunshine Website below for the specific statutes mentioned above.
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