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Defense files motion to suppress alleging illegal search; court schedules hearing for late February

2272015 · February 10, 2025
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Summary

Defense counsel told the court they had filed a motion to suppress evidence, arguing the search lacked legal basis; Judge Boyd set a suppression hearing for late February and asked parties to coordinate officer availability.

A defense attorney told Judge Stephanie Boyd that a pretrial motion to suppress evidence had been filed alleging an unlawful search in a case that includes dash-cam video evidence. The defense said it believes there is no legal basis for the search and requested the court hear the motion.

The state said it had reviewed the docket and believed the search was legally permissible but offered to coordinate and proposed a single hearing. The court asked both sides to confer on officer availability and set a motion-to-suppress hearing for the week indicated on the calendar (the parties discussed late-February availability, with the court suggesting February 28 as a possible date in the afternoon).

Why this matters A successful suppression ruling could exclude evidence the state intends to use and potentially alter the course of the prosecution. The court scheduled a full hearing so the parties can present argument and witnesses, if necessary.

On the record Defense counsel stated on the record: "I did file a motion to suppress evidence, judge. We would like to be heard on this, whenever the court is available to hear it." The state acknowledged review and suggested the parties could set the matter for an afternoon hearing that would likely take about an hour and a half to two hours, depending on officer testimony.

Next steps The court directed counsel to coordinate an afternoon date and the availability of the involved officers, then return with a mutually agreeable hearing date. The court proposed the week that includes Feb. 20–28; the parties agreed to check schedules and return. The motion-to-suppress hearing was set in the late-February window on the record.

Ending Both sides were ordered to confirm witness availability with the clerk and to be prepared for an in-court hearing in the afternoon; the court emphasized that the motion could affect plea negotiations and trial scheduling.