Arrests and Arrest Warrants. Constitutional Rights in Criminal Proceedings. Discovery in Criminal Cases. Hearsay in Criminal Cases. Stages of a Criminal Case. Stages of a Criminal Trial. Limits on Searches and Seizures in Criminal Investigations. Alcohol Crimes.
Parole and Probation. Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes. Derivative Responsibility for Crimes. Working with a Criminal Lawyer.
Find a Criminal Law Lawyer. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. In order to suppress evidence, the criminal defense lawyer must file a formal motion to exclude the evidence. The motion can be filed in federal or state court depending on where the case is being tried. The motion to suppress is heard by the judge who decides the case.
A hearing is normally held, unless the case can be decided on legal issues alone, to determine whether the evidence is relevant to your case and whether it was properly obtained. The Fourth Amendment to the U. Warrants should only be granted if the police have probable cause to believe that evidence of a crime is located within the area of the desired search. The Supreme Court has crafted several exceptions to when searches and seizures can take place without a warrant.
The prosecution can respond to your motion to suppress with their own arguments in favor of the evidence. In some cases, the court will hold a motion hearing during which both parties will argue their case. The judge will then rule on whether the evidence should be suppressed or not. Often, the suppression of the right evidence can lead a jury to acquit you at trial, or even to the dismissal of charges before a trial ever happens.
A common example happens in drug-related cases. In order to convict you of drug possession , the prosecutor must usually prove that police found a controlled substance. They cannot simply tell the jury you had cocaine — instead, they should have the evidence tested and present test results as proof that the substance in question was cocaine. If police officers obtained the drugs unlawfully — which is more common than you may imagine — a defense attorney can file a motion to suppress the illegally-obtained drug evidence.
If the motion is successful, the prosecutor can no longer use that drug evidence to prove that you possessed drugs. This is often the main piece of evidence in drug cases and without it, the prosecution usually knows it cannot prove the drug charges beyond a reasonable doubt. Therefore, they may often dismiss the charges then and there. This is only one of many examples of how the suppression of evidence can prevent a conviction.
As part of the discovery phase of a criminal case, your attorney will obtain and analyze all the evidence the prosecution plans to use against you and how the evidence was obtained. An experienced attorney should be able to identify when there is reason to file a motion to suppress.
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