11-20-2024, 01:23 AM
let's break this down ... shall we ...
![[Image: 1.jpg]](http://160.32.227.211/motion/1.jpg)
I'm seeking a motion to suppress from evidence seized from an unlawful search. from two search warrants pursuant to the Fourth Amendment of the constitution and under Illinois's state constitution Article 1 section 6 and under ILCS 5/114-12(a)(2).
The fourth amendment states:
Illinois Constitution Article 1 Section 6 states:
"The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause,
supported by affidavit particularly describing the place to be searched and the persons or things to be seized."
ILCS 5/114-12(a)(2) states:
" (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained on the ground that: (2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.
I'm seeking a motion to suppress from evidence seized from an unlawful search. from two search warrants pursuant to the Fourth Amendment of the constitution and under Illinois's state constitution Article 1 section 6 and under ILCS 5/114-12(a)(2).
The fourth amendment states:
- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Illinois Constitution Article 1 Section 6 states:
"The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause,
supported by affidavit particularly describing the place to be searched and the persons or things to be seized."
ILCS 5/114-12(a)(2) states:
" (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained on the ground that: (2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.