Ultimately, the Court of Appeals agreed with defendant. First, the written motion was sufficient because it let the trial court and the state know that defendant challenged the illegal search and seizure, so the burden of proving the search and seizure were legal was on the state. Next, police have a right to use reasonable force to protect themselves from an officer-safety concern when stopping someone, including handcuffing that person, but that stop will become an arrest if the police continue to use force to detain that person after the threat dissipates. If the threat is gone and the police continue to use force, and it they don't have probable cause related to a crime, then they have arrested that person without probable cause. If they arrest without probable cause, any evidence obtained during the illegal arrest is subject to being thrown out by a motion to suppress.
This case shows a couple important things. First, some arrests are illegal. If an arrest isn't legal, it may be possible to have the evidence -- whether it is drugs, guns, weapons, or even a confession -- thrown out. But you need a good criminal law lawyer to file a motion. While a one-page motion might work, it's probably wise to file a more detailed motion. Call 503.893.2529 or email now to schedule a free phone consultation.