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What is motion suppression?

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

What type of evidence can be suppressed?

Some examples of evidence commonly suppressed include: Evidence obtained by an unreasonable search in violation of your Fourth Amendment rights. Evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of your Fourth Amendment rights.

Is motion to suppress a good thing?

A motion to suppress evidence can remove evidence that was never legally obtained by police and can be crucial in a defendants case. In fact, I have filed motions to suppress evidence that resulted in the dismissal of criminal charges because the prosecution was unable to continue with their case.

What does it mean to suppress a case?

When evidence is suppressed, that means it is excluded from the case. In other words, the prosecutor cannot use it against the defendant to attempt to prove guilt beyond a reasonable doubt. For evidence to be suppressed, a formal request must first be submitted to the court. This is called a motion to suppress.

On which rights are most motions to suppress based?

Generally, a motion to suppress is based on: Fourth Amendment and Article 14 protections against unreasonable search and seizure; Fifth Amendment, Sixth Amendment, and Article 12 protections against illegal confessions or admissions and the right to counsel; and/or.

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