Fill and Sign the In the Circuit Court of Butler County Alabama Form

IN THE CIRCUIT COURT OF ________________ COUNTY, ALABAMA STATE OF ALABAMA * VS.* CASE NO. _______________ _________________________ * MOTION TO SUPPRESS COMES NOW, the Defendant, by and through counsel, and respectfully moves this Honorable Court to suppress all of the evidence, tangible and intangible, real and personal, and verbal communications of every kind seized or obtained as a result of the searches, seizures, arrest or detention, underlying and leading to the charges herein. In support, Defendant shows that the following facts are as follows:______________________________________________________________________________________________________________________________________________________________________________________________________The Defendant further shows unto the Court as follows: 1. All evidence seized or subsequently obtained by the officers was taken in violation of the Defendant’s Fourth and Fifth Amendment rights and the laws of the State of Alabama.2. “All evidence obtained by a search that is conducted in violation of the Constitution of the United States is inadmissible in a state court.” Mapp v. Ohio, 367 U.S. 643(1961); Loyd v. State, 279 Ala. 447, 186 So. 2d 731(Ala. 1966).3. “The fruit-of-the-poisonous-tree doctrine dictates that an unlawful search taints not only the evidence obtained at the search, but facts discovered by a process initiated by the unlawful search.” Vinson v. State, 2000 WL 681052 (Ala. Crim. App. 2000); Duncan v. State , 278 Ala. 145, 176 So.2d 840 (1965). 4. “ Evidence obtained as a direct result of unconstitutional conduct is subject to exclusion; in addition, the rule reaches evidence later discovered and found to be derived from illegal police conduct, or a ‘fruit of the poisonous tree.” Luttrell v. State, 551 S0.2d 1126, (Ala. Crim. App. 1989) .5. Any protection afforded by the Fourth and Fifth Amendments was arbitrarily invaded. and the defendant was denied Equal Protection and Due Process as guaranteed by the United States Constitution. WHEREAS, for such reasons as sets forth in this Motion, and as may be further shown this Honorable Court at a hearing on this Motion, Defendant respectfully prays: 1. That a Pre-Trial hearing be held in this matter;2. That the State be prohibited from introducing into evidence, directly or indirectly, all items of evidence, both tangible or intangible, real or personal, and verbal communications of every kind, seized, obtained or discovered as a result of the stop, detention and searches described above;3. That the Defendant be accorded such other relief, both legal and equitable, as this Honorable Court deems just and proper. Respectfully submitted this _______ day of ________________ _________________ (______) Attorney for______________________________________________________________Telephone:_______________ CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing pleading on __________________________, District Attorney, __________________________, ________________, Alabama _________ by hand delivery/mailing a copy of the same, to him/her by first class United States mail, properly addressed and postage prepaid, this _____ day of ______________ ________. _______________________________________ Attorney for Defendant