Section 11.41 Form—Motion to Suppress Statements

• Library: Criminal Practice 2012 Supp

X. (§11.41) Form—Motion to Suppress Statements

[Caption]

[Name of Defendant], by and through counsel, moves this Court to suppress all alleged statements, whether oral, written, or videotaped or otherwise recorded, that the state intends to use in evidence against the defendant. In support thereof, Defendant states as follows:

A. The statement was not voluntary because:

1. Defendant was not presented before an associate circuit judge “as soon as practicable,” the statement was obtained before presentation before an associate circuit judge, and a lawyer was not afforded Defendant before or during the interrogation.

2. The length and nature of Defendant’s custody, the duration and nature of Defendant’s interrogation, and the...