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To suppress evidence seized without search warrant

Search and Seizure


Averment of Illegality

Form 81 Illegal warrantless search—By state official

The arresting officer’s complaining affidavit states that on _____, 200_, at


approximately ____ o’clock _ m., at [specify exact location], said officer entered
defendant’s home, identified himself as a police officer of the City of ____, State of
____, and seized ____ [specify property seized, such as: several bottles of
amphetamines]. Said officer lacked a warrant or probable cause to search said premises
or to seize said property. Therefore, said search and seizure was unreasonable and
violated defendant’s rights under Fourth Amendment of the Constitution of the United
States.

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