Motion to Suppress Evidence

A Motion to Suppress Evidence can be submitted by a criminal defense lawyer any time a criminal case has been filed.


When a criminal case has been filed, the defense has an opportunity to file certain motions. One of those is called a Motion to Suppress Evidence. Particularly in cases of drug possession, possession of contraband, or it’s just pills – the evidence used against you is the evidence the state is trying to present.

The defense has a chance once they’ve taken depositions and looked at the case, to file what’s know as a Motion to Suppress Evidence. If the officer or officers took the evidence in violation of the law, the defense can fight that by filing a Motion to Suppress. We file a motion that’s heard by the judge, not by a jury. We present evidence to show why the search was, for example, not legal. There wasn’t a warrant for example, or there wasn’t consent to search someone’s car.

After that hearing the judge will rule on that motion. If the judge rules in the defense’s favor, that evidence could be suppressed which means it can not be used against you in your trial. Very important. The case often is dismissed after that.

Filing a motion to suppress evidence can offer several advantages in a legal case:

  1. Exclusion of Illegally Obtained Evidence: If evidence was obtained in violation of a defendant’s constitutional rights (e.g., through an unlawful search or seizure), a successful motion can prevent that evidence from being used in court.
  2. Strengthening the Defense: Suppressing key evidence can weaken the prosecution’s case, making it more challenging for them to prove guilt beyond a reasonable doubt.
  3. Potential for Case Dismissal: In some instances, if crucial evidence is suppressed, the prosecution may not have enough to proceed, leading to the dismissal of charges.
  4. Leverage in Plea Bargaining: A successful motion may provide leverage in negotiations, potentially leading to more favorable plea deals or settlements.
  5. Improving Trial Strategy: By removing certain evidence from the case, the defense can develop a more focused strategy, allowing them to challenge the remaining evidence more effectively.
  6. Highlighting Law Enforcement Misconduct: The motion can bring attention to issues of police conduct or systemic problems in law enforcement, which can be beneficial for the defense and potentially for broader reforms.
  7. Creating Appeal Opportunities: If a motion is denied, it can set the stage for appeal based on constitutional issues, providing another avenue for challenging the case.
  8. Preserving Judicial Resources: By resolving evidentiary issues before trial, the motion can help streamline proceedings and focus the trial on the most pertinent issues.

These advantages can significantly impact the outcome of a case, making any motion to suppress evidence a crucial tool in criminal defense.

Key aspects to a Motion to Suppress Evidence:

1. LEGAL BASIS

  • The motion typically arises under the Fourth Amendment, which protects against unreasonable searches and seizures. It can also be based on violations of the Fifth or Sixth Amendments, such as coerced confessions or denial of the right to counsel.

2. COMMON GROUNDS FOR SUPPRESSION

  • Unlawful Search and Seizure: Evidence obtained without a proper warrant or probable cause.
  • Miranda Violations: Statements made by the defendant during interrogation without being read their rights.
  • Illegal Stop and Frisk: Evidence obtained during a stop that lacked reasonable suspicion.
  • Excessive Force: Evidence gathered through coercive or abusive police tactics.

3. PROCEDURE

  • Filing: The defense files the motion, often accompanied by a memorandum outlining the legal arguments and relevant facts.
  • Hearing: A pretrial hearing is usually held where both sides can present evidence and argue their positions. The judge decides whether to grant or deny the motion.
  • Burden of Proof: The defense typically has the burden to show that the evidence was obtained unlawfully.

4. OUTCOME

  • If the motion is granted, the evidence cannot be used at trial, potentially leading to a weaker case for the prosecution.
  • If denied, the evidence remains admissible, and the defense may need to adjust its strategy accordingly.

5. STRATEGIC CONSIDERATIONS

  • Filing a motion to suppress can be a tactical move to challenge the prosecution’s case, even if the chances of success are uncertain.
  • It can also draw attention to law enforcement practices, contributing to broader discussions about police accountability.

6. IMPACT ON THE CASE

  • Suppression can significantly alter the dynamics of a case, sometimes leading to plea negotiations or even dismissal if critical evidence is excluded.

Understanding how and when to file a Motion to Suppress Evidence is vital for effective legal defense, and it’s often a key component of trial strategy.

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