YOUR NAME
Street Address
City, State Zip
Phone Number (with area code)
Fax Number (If applicable)
Email Address (If applicable)
In Pro Per
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
| STATE,
Prosecutor,
vs.
MONTES MILLER,
Defendant(s)
|
)
) ) ) ) ) ) ) ) ) |
Case No.: ……….
DEFENDANT’S MOTION TO SUPPRESS EVIDENCE OBTAINED IN VIOLATION OF FIFTH AMENDMENT RIGHTS |
NOW COME Montes Miller, the Defendant, and file this Motion to Suppress Evidence Obtained in Violation of Fifth Amendment Rights on the grounds that such statements were obtained in violation of the Defendant’s rights under the Fifth Amendment of the United States Constitution and Article I, Section 23 of the North Carolina Constitution., and for cause would show this Honorable Court as follows:
- On [Date], Defendant voluntarily turned himself in at the police precinct in [insert city], North Carolina.
- However, instead of being advised of his rights, he was taken to a room and questioned by the officers in a manner that violated his constitutional rights.
- Specifically, Defendant was not informed of his right to remain silent or his right to counsel before being questioned by the officers.
- During the course of the interrogation, Defendant made several incriminating statements, which I believe should be suppressed.
- Defendant’s Fifth Amendment right to remain silent was violated when law enforcement officers questioned him without advising him of his Miranda rights.
- Defendant was not informed of his right to remain silent, nor was he informed of his right to counsel.
- As a result, any statements made by Defendant during the interrogation were obtained in violation of his constitutional rights.
- The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
- The Fifth Amendment privilege against self-incrimination extends to police interrogations.
- In order to ensure that this right is protected, law enforcement officers are required to advise suspects of their rights before any custodial interrogation.
- The Supreme Court of the United States has held that the Miranda warnings are necessary to protect the Fifth Amendment rights of suspects during police interrogations.
- The Supreme Court of the United States has held that “when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized” (Miranda v. Arizona, 384 U.S. 436 (1966)). The Court further held that law enforcement officers must advise a suspect of his rights under Miranda prior to any custodial interrogation.
- Defendant’s statements were obtained in violation of his rights under the Fifth Amendment of the United States Constitution and Article I, Section 23 of the North Carolina Constitution.
- In fact, the Supreme Court of the United States has made it clear that when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized.
- Therefore, law enforcement officers must advise suspects of their rights under Miranda prior to any custodial interrogation. All evidence obtained as a result of Defendant’s statements should be suppressed.
PRAYER FOR RELIEF
WHEREFORE, the Defendant respectfully requests that this Honorable Court grant his motion to suppress all evidence obtained as a result of statements made by the Defendant to law enforcement officers on [insert date], on the grounds that such statements were obtained in violation of the Defendant’s rights under the Fifth Amendment of the United States Constitution and Article I, Section 23 of the North Carolina Constitution.
Dated this _____ day of May, 2023.
Respectfully Submitted,
________________________________________
Montes Miller
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