Motion to suppress or exclude evidence - MOTION IN LIMINE
Short definition for in limine - In or at the beginning.[These exceptions must, in general, be pleaded in limine litis - before issue joined.]
For historical aspects see Bouvier's Dictionary Letter I
Motions In Limine to suppress evidence, are valuable tools to either suppress evidence or to help define what evidence is to be used at trial [by its allowance or suppression/exclusion]. Motions for exclusions/suppression may also be used during or after a trial, before judgement is entered; they are NOT however, "in limine" then..
Used in conjuction [NOTE: to be used only AFTER responses to the preliminary activities and rulings] with Motions for Discovery, FOIFA Motions, Motions for Bill of Particulars, Interrogatories (questions to be answered before trial), and other procedural activities [such as: Questions of Law DCUS/USDC court questions; state court example, another state example], work to limit surprises, hidden evidence, or evidence to be used, and may be handled outside/using the court proceedings via its records.
For a general review of how these IN LIMINE matters might be attended to, see: 98cr00120 - Kentucky state court, though do NOT rely on these types of activities to occur.
The Motion follows the basic motions seen elsewhere on this site, with a supporting memoradum attached which includes materials similar to the below. It is always "best practice" to obtain a copy of any local Rules for the court in which it is to be presented and follow those Rules.
Use a time limited Motion (15 to 30 days [jurisdictioally variable and if allowed]) which MUST be noted on the face of the Motion, with a follow-up 'Notice of Default/Notice of Suppression/Exclusion' should a response not be placed upon the record within the time limit. Expect, though, to receive a 'Motion to Dismiss or Motion for hearing' in response. This will require a response by you [redirect] which can NOT be ignored.
Or, if you are sufficiently prepared or required by Rules, request a hearing date (generally a 15 day minimum between submission and hearing) in your Motion to suppress/excluded, asking the court to assign such date. This becomes or is then a regular Motion [though technically in limine - before trial] before the court.
MEMORADUM IN SUPPORT OF IN LIMINE MOTION(S) TO SUPRESS EVIDENCE
One must place a list of the potential evidence one wishes to suppress with reasons indicating the exact reason(s) for exclusion/suppression, eg. unlawfully obtained, coerced, fraudulently obtained, etceterras..
One must also include the authorities claimed as reason for the specific evidence exclusion or suppression. Best bet for obtaining such exact reason with authority is a manual search in a Law Library, though one might find such on the net. It is rare to find any suppression/exclusion of evidence type that has not been previously ruled upon favorable by State or federal courts. The problem is it must be compelling and the court must [should] be directed to prior rulings by courts higher than itself.
POINTS AND AUTHORITIES and/or MEMORANDUM - EXAMPLE
The Federal Rules of Evidence 103(c) provides that the court shall rule in limine, when practicable, on motions designed to preclude inadmissible evidence from being presented to the jury [or during trial].
Thus this court must exclude all evidence obtained in violation of the 5th Amendment [or whatever your primary compelling reason is, such as the Rules of Evidence, State Constitution, etc.].
Potentials/Examples
Under Federal Rules of Criminal Procedure 12(b)(3), the exclusion of illegally obtained evidence; the court must exclude and or preclude the government from bringing forth or admitting into evidence all documents, statements, or any other type of evidence that has been obtained in violation of the 5th Amendment to the Constitution for the United States of America (1787), under fraud, non-disclosure, entrapment, misrepresentation, duress, deceit, coercion, fear and intimidation. Camara v. Municipal Court, 387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d. 930, the Court held at 1733 that:
"administrative convenience is not sufficient justification. Nor is public interest a justification.".
*possible variable*
To force anyone to sign or obtain any license or document is testimonial and to use that item as evidence is testimonial and in violation of the 5th Amendment. Even though evidence is not within the testimonial privilege, this clause protects against the use of excessive means to obtain it. U.S. v. Doe, (1965) 405 F.2d. 436.
Such perjured testimonial and communicative evidence is constitutionally infirm and may not be utilized.
*possible variable*
Self-incriminatory evidence, including physical evidence, obtained by compulsion, is excluded under the 5th Amendment, not only because of its unreliability, but because its use is offensive to any sense of justice. U.S. v. Townsend, (1957) 151 F. Supp. 378.
*possible variable*
Citizens may not be forced to incriminate themselves because it serves a governmental need. Lefkowitz v. Cunningham, (1977) 97 S.Ct. 2132. Under this Supreme Court ruling the government is precluded from using any evidence where duress or compulsion is present, and this court must exclude and preclude the government from the utilization of such evidence.
It is important that the privilege against compulsory self incrimination be preserved inviolate. Couch v. U.S., (1973) 409 U.S. 322, 94 S.Ct. 316, 34 L.Ed.2d. 548.
Other information
The above examples are not the final or sole authorities, one must check for the cases and other authorities which most closely apply to the particular case at bar, and evidence being addressed for exclusion/suppression.
Each style of action [contract, tort, criminal, I.R.S., FOIFA, etc.] requires its own RELATED prior rulings, IF AT ALL POSSIBLE, and as short and as consise statements relevent to this activity necessary for the judge and opposing party to understand.
Attempts at "blanket" style or overly done supporting documents are not widely seen as helpful. Moreover, improper Motions are frowned upon.
END
Serve this process [2 copies] to all parties, including the opposing party and their attorney/representative.
You must include a self addressed stamped envelope for the returned copy, as the matter has been established under jurisdictional requirements [after the other preliminary activities have been attended to and jurisdiction properly established], hence forma pauperous or assignment of counsel jurisdiction may not have been established yet.
Again, a good understanding of the Law, local/State/Federal Rules, Rules of Evidence, and local procedural Rules all must be taken under consideration for this style of activity.
As is generally heard in the legal circle: only a fool has theirself as a client, which equates to only a fool represents themself. This page, site, and linked material is not legal advise, but for informational purposes only.
SEE:Disclaimer Notice and Legal Notice