NO. 123456

STATE OF TEXAS				§		IN THE 140TH DISTRICT COURT
						§
VS.						§		OF
						§
JOHN DOE					§		LUBBOCK COUNTY, TEXAS
	
MOTION TO SUPPRESS IDENTIFICATION

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW, JOHN DOE, by and through the undersigned attorney of record,_____________________, and moves this Court to suppress any identification of Defendant made by the witness, Big Fat Liar, and in support thereof would respectfully show:
1.  FACTS
1.01  	On or about July 7, 2005, Big Fat Liar, was notified by her home security agency that her home alarm had been activated.  Ms. Liar then traveled from 2402 52nd Street, Lubbock, Texas, to her home located at 2222 16th Street, Lubbock, Texas.
1.02  	Upon her arrival to her home, Ms. Liar called 9-1-1, wherein she described a black male exiting the back door to her home dressed in gray shorts and a shirt which “was about the same color”.  She then stated that the black male ran from her back yard southbound on Avenue W.
1.03  	Approximately thirteen (13) minutes after the reported time of the alleged offense on or about July 7, 2005, Officer Jaime Herrera of the City of Lubbock Police Department made contact with John Doe, Defendant, as he was exiting the alley between the 2200 block of 17th and 18th Streets.  Mr. Doe was subsequently detained and arrested without warrant by Officer Herrera in connection with the charge now pending in the above-entitled and numbered cause.
1.04	Upon arrest his arrest of July 7, 2005, Mr. Doe was handcuffed and placed in the back seat of Officer Herrera’s vehicle which was clearly marked as a City of Lubbock police unit and transported  to 2222 16th Street, Lubbock, Texas, where he was compelled to appear in a showup identification procedure (hereafter referred to as a “showup”) in connection with the alleged instant offense.
1.05  	At this showup, Mr. Doe was identified by a potential witness to the alleged offense, Ms. Liar.
1.06  	Mr. Doe was subsequently charged in this matter by indictment with the offense of burglary of a habitation with intent to commit theft.
2.  VIOLATION OF DUE PROCESS
2.01  	The showup in this case was conducted in violation of Defendant’s due process rights under the 5th and 14th Amendments to the United States Constitution, Article I, §§ 13 and 19 of the Texas Constitution, and Article 1.04 of the Texas Code of Criminal Procedure, because it was unnecessarily suggestive and gave rise to a substantial likelihood of irreparable misidentification.
2.02	Factors indicative that the “identification” of Mr. Doe was unnecessarily suggestive and gave rise to a substantial likelihood of irreparable misidentification are as follows:
	1)  	Mr. Doe was a black male;
2)  	Mr. Doe was presented directly to the witness at 2222 16th Street while:
			a)  	handcuffed; and,
			b)  	sitting in the back of Officer Jaime Herrera’s marked Lubbock Police Department vehicle;
	3)  	Officer Herrera’s statement to the witness that “all I need you to do is ID him and get away from the car”.
2.03  	Based on the above and foregoing, any evidence concerning an identification of Mr. Doe by the witness at this showup must be suppressed.
2.04  	Defendant further asserts that because the unnecessarily suggestive showup identification gave rise to a substantial likelihood of irreparable misidentification, any in-court identification by Ms. Liar must also be suppressed.
3.  ILLEGAL SEARCH AND SEIZURE
3.01  	On or about July 7, 2005, Mr. Doe was illegally detained and arrested by Officer Jaime Herrera of the City of Lubbock Police Department.  Mr. Doe contends that said detention and arrest was unlawful and in violation of Chapters 14 and 15 of the Texas Code of Criminal Procedure, Article I, Section 9 of the Texas Constitution, and the 4th, 5th and 14th Amendments of the Constitution of the United States.  Defendant further contends that the alleged identification of Defendant and the fruits of said arrest should be suppressed pursuant to Article 38.23 of the Texas Code of Criminal Procedure.
3.02  	John Doe would show the Court that Officer Herrera lacked reasonable suspicion to detain Defendant on July 7, 2005.
3.03  	Mr. Doe would also show the Court that Officer Herrera lacked probable cause to arrest Defendant on July 7, 2005.
3.04  	Defense moves that this Court suppress any and all statements by any law enforcement officer, including but not limited to Officer Jaime Herrera of the City of Lubbock Police Department regarding the detention and arrest of Defendant.
3.05  	Defense further moves this Court to suppress any and all photographs and/or videotapes taken by law enforcement officers of Defendant.
3.06	Defense also moves that all statements made and actions done by the Defendant prior to Defendant’s unlawful detention and arrest, if any, as well as any statements made and actions done by the Defendant at the time of and subsequent to Defendant’s unlawful detention and arrest by law enforcement officers be suppressed.
3.07	Additionally, Defense moves that the testimony of law enforcement officers, their agents, and all other persons working in connection with such officers and agents as to the charge of burglary of a habitation with intent to commit theft allegedly committed by Defendant on or about the July 7, 2005, be suppressed by this Honorable Court.
3.08	Defense further moves that any physical evidence seized from Defendant and/or Defendant’s person by any agent of the State as a result of Defendant’s illegal detention on or about the July 7, 2005, be suppressed by this Honorable Court.
3.09	Defense also moves that the results of any testing done by the State on physical evidence seized from Defendant and/or Defendant’s person by any agent of the State as a result of Defendant’s illegal detention and arrest on or about the July 7, 2005, be suppressed by this Honorable Court.
3.10  	Defense moves that the identification of Defendant as the alleged perpetrator in this matter by any witness, including Jeannie Liar or any agent of the State, be suppressed by this Honorable Court.
4.  PRAYER
4.01	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays this Honorable Court grant the instant motion and that witness Jeannie Liar be prohibited from alluding to any identification previously made of Defendant at a showup identification or from making any identification of Defendant in open court.
4.02  	Defendant further prays that this Honorable Court order any evidence resulting from Defendant’s illegal detention and arrest be suppressed at trial.
4.03  	Defendant further prays for all relief requested herein, and for such other and further relief to which Defendant may be entitled.

						Respectfully submitted,

						__________________________________________
						Attorneys for Defendant

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the above and foregoing has been served to _____________ County District Attorney, __________ County Courthouse, _______________, Texas,  this the ____ day of ________, 200__.

							                                                                      							Attorney for Defendant