Motion to Suppress
by Stan Brown
CAUSE NO. _______

STATE OF TEXAS	§	IN THE 350TH DISTRICT COURT
	§
V.	§	OF		§
_______________	§	___________ COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT:

	Comes now the Defendant, ________________, in the above styled and numbered cause, who files this his MOTION TO SUPPRESS EVIDENCE, and moves the Court to suppress the following evidence:
	1. All tangible evidence seized on or about the 8th day November, 2006, in Taylor County, Texas, of any nature whatsoever, and any and all other physical items seized, including but not limited to alleged cocaine.
	2. All photographs taken by law enforcement officers of any of the items described above under paragraph (1) one.
	3. All statements made and all actions done by the Defendant, if any, at the time of and subsequent to and/or resulting from his apprehension by law enforcement officers.
	4. Testimony of law enforcement officers, their agents, and all other persons working in connection with such officers and agents, including all persons working in connection with such officers and agents, as to the alleged finding of the matters set out in paragraphs 1, or as to any other matter necessarily included in paragraphs 2 and 3 above, as well.
	5. In support of the motion, the Defendant would show this Court that Defendant has standing to contest this search and that:

	(a)	The arrest and apprehension of the Defendant was made without a valid warrant and without probable cause, any temporary detention was not based on reasonable suspicion, and/or the same was not in compliance with the dictates of Chapter 14, Code of Criminal Procedure;
	(b)	All statements made by the Defendant, if any, at the time of and subsequent to the arrest, detention, and/or apprehension of the Defendant were products of an illegal search, illegal arrest, or illegal detention. Art. 38.23 CCP;
	(c)	The search and seizure of the foregoing matters were made without probable cause, reasonable suspicion, and absent any valid consent, as well as not in compliance with any established inventory procedures;
	(d)	The search and seizure were not made under the authority of a valid search warrant;
	(e)	There was no valid search incident to a lawful arrest; and/or
	(f)	There was no exception to the warrant requirement.

	6. All matters seized by law enforcement officers were obtained illegally, in violation of the Defendant’s constitutional rights under Article I, Section 9, of the Constitution of the State of Texas and Article 38.23 CCP, and should therefore be suppressed. In the event the Court should deny this MOTION TO SUPPRESS EVIDENCE, then Defendant requests, in accordance with law, that the Court file its findings of fact and conclusions of law upon which that conclusion is based within twenty days of this timely request.
	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that a date for a hearing on this motion be set, and after a hearing hereon, those matters set forth in the foregoing paragraphs be ordered suppressed at the trial of this cause.

	Respectfully submitted,

	By:	_____________________________
 		STAN BROWN
		P. O. Box 3122
		Abilene, Texas 79602
		325-677-1851
		Fax 677-3107
		State Bar No. 03145000

		Attorney for Defendant

CERTIFICATE OF SERVICE

	I hereby certify that on this ______ day of ___________, 2009, a true and correct copy of the above and foregoing MOTION TO SUPPRESS EVIDENCE was forwarded to opposing counsel in a manner consistent with the requirements of law.

	______________________________
	STAN BROWN

CAUSE NO. _______

STATE OF TEXAS	§	IN THE 350TH DISTRICT COURT
	§
V.	§	OF
	§
_______________	§	___________ COUNTY, TEXAS

ORDER SETTING HEARING

	It is hereby ordered that a hearing shall be had on the Defendant’s MOTION TO SUPPRESS EVIDENCE on the _____ day of ____________, 200__ at ______ o’clock __.M. in the courtroom of the 350th District Court of Taylor County, Texas, in Abilene, Texas.
	Signed and entered this _____ day of ____________, 200__.

	______________________________
	JUDGE PRESIDING