Motion to Suppress prosecution

1) Font: Times New Roman, 12 point font 2) Spacing: Double Spacing (single-spacing used for Caption, Introduction and Conclusion only) 3) Margins: 1 inch margins 4) Page Limit: 3-4 pages of content (3 FULL pages is the min. and 4 pages is the max.) *Please do not exceed the page limit or this will affect your grade 5) Header: Name, Position and Case Name (on each page) 6) Page Numbers: Center bottom 7) Microsoft Word Document (format) *Upload into Canvas CONTENT I. Court Caption (see below) – single-spaced (2 lines) in the upper portion of page 1 only. This does not need to be on each page. Name Position (Defense or Prosecution) Case Name 2. Introduction – single-spaced; one line; include header (all caps) and a brief statement of your position on the Motion to Suppress (MTS) INTRODUCTION Example 1: Please accept this letter brief in support of Defendant’s Motion to Suppress any and all evidence obtained as a result of …. (the illegal stop, arrest, frisk, interrogation, etc. of Defendant Smith). Example 2: Please accept this letter brief in opposition to Defendant’s Motion to Suppress any and all evidence obtained as a result of …. (the illegal stop, arrest, frisk, interrogation, etc. of Defendant Smith). 3. STATEMENT OF FACTS – double-spaced; paragraph form; include header (all caps) and give a summary of the helpful facts. *See sample MTS 4. ARGUMENT – double-spaced;paragraph form; include header (all caps), state your conclusion, discuss the specific law for each conclusion, apply the relevant helpful facts and restate your conclusion PLEASE DO NOT state general law. Example: The Fourth Amendment states… If your issue involves a Terry Stop, your law should be related to Terry Stops. If your issue involves a warrant or lack thereof, your law should include a case holding about warrants. If your issue is concerning a confession, your law should be specific to that. See examples below. When you write each legal argument, please do use headings and Sample Conclusion: The officer did not have reasonable suspicion to stop Defendant based on his sole observation of seeing him in a high crime area. Sample Law: According to Terry v. Ohio, 392 U.S.1 (1968), the court held that reasonable suspicion is defined as … Sample Facts: In the present case, Officer Johnson observed Defendant Smith retrieving a cell phone but did not observe any criminal activity. Sample Restatement of the Conclusion: As a result, the officer did not reasonable suspicion to stop the Defendant … 5. CONCLUSION – single-spaced;one line; include header (all caps) and give a summary of the requested outcome Example 1: Therefore, the Motion to Suppress should be granted. *This is the Defense’s conclusion. Example 2: Therefore, the Motion to Suppress should be denied. *This is the Prosecution’s conclusion. 6. TABLE OF AUTHORITIES – double-spaced;separate page; include header (all caps) Include a list of ALL cases used and/or referenced in the Motion to Suppress including statutes, etc. *Use APA format Example: Delaware v. Prouse, 440 U.S. 648, 663, 99 S. Ct. 1391, 1401 (1979) Terry v. Ohio, 392 U.S. 29 (1968) *If you reference the textbook, a statute or other source, that must be in your Table of Authorities as well.

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