Sample Motion to Quash Warrant

edited March 2016
This discussion was created from comments split from: How to Parse & Dissect the Arizona Harassment Statute.

Comments

  • Here is a suggested draft for Greene's Motion to Quash the Warrant:
    [Caption]

    Defendant, Todd Austin Greene, respectfully moves the Court to quash the warrant for the reason that the allegations in the warrant fail to make a case of violation of Arizona's harassment law, ARS 13-2921A. The warrant charges Defendant with two counts of harassment when the defendant has merely published a blog about restraining order abuse which is not addressed to the purported victim but to the whole world, as the narratives contained in the warrant clearly show; therefore, the defendant has not communicated TO the purported victim but ABOUT her. Furthermore, since there is a reasonableness requirement imposed on the so-called victim by the statute, the facts and circumstances averred in the warrant demonstrate unreasonableness per se. There is nothing averred in the warrant that would cause a reasonable person to be seriously alarmed, annoyed, or harassed. The prosecuting witness would have had to visit restrainingorderabuse.com in order to search out and find the material which she says annoyed her.

    Another count in the warrant purports to charge the Defendant with violation of a court order, Bredfeldt v. Greene, in which the prosecuting witness is neither a protected person nor a party. In addition, by operation of Arizona law, that restraining order in favor of only Balstrop, Texas citizens, Phillip and Tiffany Bredfeldt, expired in 2014.

    The allegations, therefore, having been taken in the light most favorable to the state and the allegations of the warrant, there is nothing in the statute, Section 13-2921A, which Defendant has conceivably violated.

    Wherefore, the Defendant prays that this Court quash the warrant.

    This ____ day of March, 2016

    signature, etc.

    PS:
    She cooed at him and led him on with false cajolings, treacherous endearments, and deceitful pretenses of loyalty. She flirted, she texted him and emailed him with mushy offers of friendship and flirtations, and she asked him out for meetings over coffee and cocktails. She's a Potiphar's Wife... the ultimate in the succubus population of evil females. She ought to be prosecuted under the old common law theory of the COMMON SCOLD.
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