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§ 4-30 Motion to suppress evidence — Identification

STATE OF LOUISIANA vs. _______________ DEFENDANT _____ JUDICIAL DISTRICT COURT FILED ________ : ________ DEPUTY CLERK MOTION TO SUPPRESS ILLEGALLY OBTAINED TANGIBLE EVIDENCE AND EVIDENCE OF IDENTIFICATION The defendant respectfully moves the Court to suppress the following personal property: ________ . 1. All of the items seized in the search of ________ were seized pursuant to a search warrant, a copy of which is attached hereto as Exhibit "A." 2. The following, among other defects, are deficiencies in said affidavit and search warrant: (a) The affidavit and search warrant do not describe with particularity the thing or things to be seized; (b) The affidavit fails to set out any probable cause to believe that "articles stolen in burglaries," in ________ Louisiana, were located in said property at said time in that it is not alleged: (1) that anyone ever saw any stolen property there; (2) that anyone ever saw any stolen property being taken into said property; (3) that ________ lived in or stayed in said house; or (4) that there is any other factual basis from which it could be reasonably concluded that "articles stolen in burglaries" were located in said house. 3. Said search and all of said seizures were illegal, done without valid search warrant, and without probable cause, and (a) were in violation of the Fourth Amendment of the United States Constitution as the same is made applicable to the State of Louisiana by virtue of the Fourteenth Amendment of the United States Constitution; (b) were in violation of Article I, Section 5, of the Louisiana Constitution; and (c) were in violation of Louisiana laws. 4. As a result of said illegal searches, the defendant was illegally arrested. 5. During the time of his illegal custody in ________ , Louisiana, pursuant to said illegal arrest, his picture was made and this picture was used by ________ police in allegedly identifying him for ________ . 6. Said picture was tainted by the illegal arrest of the defendant.

7. The court should suppress all identification testimony of the defendant because of said illegal arrest and taint. WHEREFORE, the defendant prays: (a) That all of the items seized in said search and seizure be suppressed; (b) That the picture of the defendant taken in ________ , Louisiana, be suppressed; (c) That all identification testimony connected with ________ be suppressed; and (d) That all other items of property taken from defendant in said search be returned to him unless the State establishes as a matter of fact that the same is contraband or is stolen property.

______________________ Attorney for Defendant (Certificate of service)