What Is A Motion To Suppress?
Through a motion to suppress, your criminal defense lawyer can ask the court to suppress evidence obtained illegally. This usually means that your attorney is asking the court to find that the government has violated your Fourth or Fifth Amendment rights. Basically, did the cops stop you and was the search legal?
Any evidence that the court suppresses cannot be used against you. In fact, in some cases, it is possible to bring a motion to suppress the very evidence that proves your guilt such as drugs found in your home through a warrantless search.
That is why it is important to work with a knowledgeable criminal defense lawyer to discuss your case and the possibility of bringing a motion to suppress.
When Can Evidence Be Suppressed in a Criminal Defense Case?
Evidence may be suppressed when:
- Police officers did not have a sufficient reason to conduct a traffic stop on your car
- Law enforcement did not have probable cause to search you or your person
- The police did not have probable cause or a valid warrant to search your home
- Police officers did not obtain a search warrant
- The search warrant was not obtained properly
- The search went beyond the boundaries set by the search warrant
- The officers failed to read you your Miranda rights before interrogating you
- The photo or live line-up was not conducted properly
Most evidence obtained by an illegal search can be excluded through a motion to suppress. This is called the “exclusionary rule.” Another doctrine, the “fruit of the poisonous tree doctrine,” states that any evidence that is the fruit of the illegal search can also be suppressed.
There are exceptions to this doctrine such as in cases where police officers would have inevitably found the evidence or the evidence would have been discovered by an independent source. In many cases, however, an illegal search = suppression of the evidence obtained from that search.
Talk to Our Defense Attorneys About Bringing a Motion to Suppress
The lawyers at Moses and Rooth Attorneys at Law, are former prosecutors who can anticipate how the prosecution will respond to a motion to suppress evidence in your case. You can count on us to find the strongest defenses in your case and use them to protect your future. If we can get your charges dismissed or reduced prior to trial, we will. If trial is necessary, we are experienced trial attorneys prepared to fight for you in court.