A motion to suppress evidence is when we ask the court to exclude evidence that the police obtained by way of an illegal search or seizure. It is grounded in the Fourth Amendment of the US Constitution and Penal Code 1-5 38.5. There are three typical scenarios when a judge will grant a suppression motion. The first scenario is where the police searched you without a warrant or without probable cause. The second scenario is where the police had a warrant but the warrant turned out to be defective. For example, the police may have provided misleading information to a judge in order to secure a warrant. In this case, we can attack the warrant itself. The third scenario is where the police have a valid warrant, but their search exceeds the scope of the warrant. For instance, if they have a warrant to search your home for stolen bicycles but start searching in kitchen drawers and jewelry cases where bicycles obviously wouldn't be found, they have acted outside the scope of the warrant. People often ask when they can bring a suppression motion. In a felony case, there are two times when you can run your suppression motion. One is at the preliminary hearing as part of the preliminary hearing. The other is during the pre-trial phase, which occurs after the preliminary hearing but before the jury trial. If you run the suppression motion at the preliminary hearing, that is your only chance to do it. You won't get a chance during the pretrial phase. Therefore, it is a strategic decision for the lawyer to determine whether the preliminary judge or the pre-trial judge is more likely to grant the motion. In a misdemeanor case, there is no preliminary hearing. Therefore, a suppression motion is only run during the pre-trial phase. When we do a...
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Nj court rules case ination statement Form: What You Should Know
DATE May 28, 2014 (filed June 2, 2014) FACT SHEET: CONSECUTIVE AND DECISIVE MOTIONS AND DISMISSAL Case Initiation. All indictable offense complaints are prepared on a. Court Disposition Reporting. Form: CDR-l (complaint).  (A-1-3(2) (a)]. Case Disposition. An order granting or denying any motion or motions is entered, unless: (a) the order denies any motion which would be dismissed as a violation of an order; (b) the complaint is dismissed for want of subject jurisdiction or for failure to state a claim upon a theory of defense; (c) in the case of appeals from a district court's order, the order of the superior court is reversed or the judgment is vacated pursuant to Rule 15(c) on the ground that the order of the superior court was contrary to or inconsistent with the superior court's ruling; (d) there is a further request for relief in an application, as provided in paragraph (c) of this rule. (d) (i) a motion is timely filed after the time to file its statement of facts, in which case the motion is set down for hearing pursuant to paragraph (b) (xv) to (z); (ii) if the complaint sets up an element of an offense or defense which is not set out in an order, then an order setting aside the application for relief is entered; or (iii) an application filed at or after the time described in (c) does not involve the same charge as a complaint of the same matter, then an order allowing the application to the court is entered; or (iv) if a motion is filed after the time required by Sub-rule (b), (c)(i), and (c)(ii) above, the motion is set down for hearing pursuant to paragraph (b); or (v) another motion is filed in which an element of an offense or defense that is not set forth in an order is alleged. Items 8 – 14 — 102.1 Notice Required; Service on Respondent; Contents; Motion Notices Required. Case Initiation. All indictable offense complaints are prepared on a. Court Disposition Reporting. Form: CDR-l. Case Disposition.
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