Ask a lawyer:
Draft a motion to suppress evidence for an illegal search and seizure case

Motion to Suppress Evidence

Table of Contents

1. Introduction

2. Background

3. Argument 3.1. The Search and Seizure Was Illegal 3.2. The Evidence Should Be Suppressed

4. Relief Sought

5. Conclusion

Introduction

This motion is brought by the Defendant, [Defendant's Name], pursuant to Section 72 of the Evidence Act, Cap 80, Laws of Kenya, seeking an order from this Honorable Court to suppress all evidence obtained as a result of an illegal search and seizure conducted by the State.

Background

The Defendant was arrested on [Date] and charged with [Offence]. The State alleges that the evidence against the Defendant was obtained during a search of [Location] conducted by [Name of Officer] on [Date]. The Defendant contends that this search and seizure was illegal and that the evidence obtained as a result should be suppressed.

Argument

3.1. The Search and Seizure Was Illegal

The search and seizure of the Defendant's property was illegal because it was conducted without a valid warrant. The Constitution of Kenya, 2010, guarantees the right to privacy and security of the person. Article 29(1) of the Constitution states that every person has the right to privacy, which includes the right not to have their home, property, or possessions searched without a warrant issued by a court.

• Article 29(1) of the Constitution of Kenya, 2010: "Every person has the right to privacy, which includes the right not to have their home, property, or possessions searched without a warrant issued by a court."

The State has not presented any evidence to show that a warrant was obtained before the search and seizure. In the absence of a warrant, the search and seizure was illegal and violated the Defendant's constitutional rights.

• Section 72 of the Evidence Act, Cap 80, Laws of Kenya: "Where any evidence is obtained in consequence of any illegal act, such evidence shall not be admissible in any proceedings."

3.2. The Evidence Should Be Suppressed

The evidence obtained as a result of the illegal search and seizure should be suppressed because it is the fruit of the poisonous tree. The "fruit of the poisonous tree" doctrine states that evidence obtained as a result of an illegal act is inadmissible in court. This doctrine is based on the principle that the government should not be allowed to profit from its own wrongdoing.

• Section 72 of the Evidence Act, Cap 80, Laws of Kenya: "Where any evidence is obtained in consequence of any illegal act, such evidence shall not be admissible in any proceedings."

The State's reliance on the evidence obtained through the illegal search and seizure would undermine the Defendant's constitutional rights and the integrity of the judicial process. Suppressing the evidence is necessary to deter future illegal searches and seizures and to ensure that the Defendant receives a fair trial.

Relief Sought

WHEREFORE, the Defendant respectfully requests that this Honorable Court grant the following relief:

1. Suppress all evidence obtained as a result of the illegal search and seizure conducted by the State.

2. Grant any other relief that the Court deems just and equitable.

Conclusion

For the foregoing reasons, the Defendant respectfully requests that this Honorable Court grant the Motion to Suppress Evidence.

Dated this [Date] at [Location].

[Signature]

[Name of Counsel]

[Bar Number]

[Contact Information]

[Name of Firm]

[Address]

[Email Address]

[Phone Number]