Motion to Suppress Evidence Seized Without a Warrant

NO. (Cause No.)

THE STATE OF TEXAS

VS.

(Defendant's Name)

§

§

§

IN THE COUNTY CRIMINAL

COURT NO. _____ OF

DALLAS COUNTY, TEXAS

MOTION TO SUPPRESS EVIDENCE SEIZED WITHOUT A WARRANT

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant's Name), in the above styled and numbered cause, and respectfully moves this Honorable Court to suppress the following evidence.

I.

All tangible evidence seized from her person or any vehicle, on or about (Date of Arrest), by law enforcement officers.

II.

Defendant would show the Court that said evidence was seized without a search warrant, and such seizure was in violation of the Fourth and Fourteenth Amendments of the United States Constitution; Article 1, Section 9, of the Texas Constitution; Article 1.06 of the Texas Code of Criminal Procedure, and Article 38.23 of the Texas Code of Criminal Procedure.

III.

Defendant would further show that the search by police officers was without probable cause or exigent circumstances and that, in the absence of a search warrant or an exception to the search warrant requirement, any evidence seized is inadmissible.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

Respectfully submitted,

____________________________________
(Attorney's Name, Address, Bar Card No.)
ATTORNEY FOR DEFENDANT (Name)

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion to Suppress Evidence Seized Without A Warrant was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207, on this the _______ day of ________________ 2002.

____________________________________
(Attorney Name)

ORDER

ON THIS the ________ day of __________, 200___ came on to be heard the foregoing Motion to Suppress Evidence Seized Without A Warrant, and same is hereby GRANTED/DENIED, to which action Defendant excepted.

____________________________________
JUDGE

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