Pre-Trial Motions

Question 1

What to pleadings need?

Answer 1

A certificate saying it has been served.

Question 2

What is a motion to dismiss?

Answer 2

A motion to dismiss an indictment or infomation must raise all defenses except not guilty. These defenses must be made when they relate to matters of form, substance, double jeapordy, or orhter matters.

Question 3

When do you make a motion to dismiss?

Answer 3

Before or at the arraignment unless a cout has a specified subsequet time, and if it is not timely made it is waived. Unles it is one based on funadmental grounds.

Question 4

What are the four reasons a FL ct can entertain a motion to dismiss at any time?

Answer 4

1) . pardon
2) . Double jeapordy
3) . Immunity
4) . Prima facia case

Question 5

What is a motion for a countinuance?

Answer 5

It postpone or ajournes and action for a set amount of time.

Question 6

What is a motion to suppress evidence from an unlawful search?

Answer 6

This enforces the exclusionary rule when an officer gathers evidence in violation of a D rights. Information obeained in violation of the right to be free of search and seizure are excluded.

Question 7

Why is FLorida’s exclusionary rule different from the Federal rule?

Answer 7

In Florida this is a state constitutional right that is not subject to change whereas the Federal rule is judicially creaetd remedy to help prevent violations of the 4th amendement

Question 8

What are the grounds to suport a motion to supress ?

Answer 8

1) .Property was illgally seized without a warrant
2) . Warant was insufficent on it face.
3) .Property seized was not descibed in warrant
4) . no propable cause to issue the warrant that allowed them to seize the property.
5) . the warrant was illegaly executed.

Question 9

What does a moton to supress need to have in it to be valid?

Answer 9

1) . evedence that want suppresed
2) . grounds for suppression
3) . statement of facts upon which suppression is bassed

Question 10

When can you question a D after he asks for a lawyer?

Answer 10

You can’t this is going to be inadmissable. It imlicates the 5th and 4th amendement.

Question 11

What 4th amendment concerns must the court consider when there has been an illegal arrest that leads to a confession?

Answer 11

1) . Temporal proximity of illegal arrest and statement
2) . presence of intervening circumstances
3) . Flagrancy of the offical misconduct