What Does It Mean to File a Motion to Suppress?

When someone is charged with a crime, they have the right to defend themselves using an array of legal tools. Filing a motion to suppress is one such tool, and effectively it means that the accused is asking the court to throw out any evidence against them which was obtained illegally or by violating the accused’s rights in some way. This kind of motion can be used to challenge a broad range of evidence, from incriminating statements made without Miranda warnings being given to physical evidence such as drugs that were found during an illegal search and seizure.

What Are the Types of Evidence That Can Be Suppressed?

Any kind of evidence obtained without following proper procedure or with a violation of the defendant’s rights can potentially be suppressed. This includes physical evidence such as drugs, weapons, or other contraband found during an illegal search, information obtained after an excessive seizure, or incriminating statements given without the proper warnings being given prior. Evidence obtained after the person in question has had their Miranda rights violated is another example of the kinds of evidence which may be able to be suppressed. Additionally, evidence or information that was provided without the defendant being provided access to a lawyer can also be the subject of a motion to suppress.

What Happens if A Motion to Suppress Is Granted?

If a motion to suppress is granted, then the evidence which was the topic of the motion will not be allowed to be used against the defendant in a court of law. This means that the seized items or incriminating statements will not be admissible as evidence against the defendant, and thus makes the case much more difficult for the prosecution to prove. Without the originally seized evidence to prove the case, the prosecution may have no choice but to drop the charges or offer a plea bargain.

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Related Legal Concepts

Understanding motion to suppress often goes hand in hand with other pretrial motions such as motion to dismiss and motion in limine. These procedural tools are typically scheduled on the court’s law and motion calendar, where judges hear various types of motions before trial. While a motion to suppress focuses specifically on excluding illegally obtained evidence, attorneys may also file a motion to strike inadmissible evidence or seek other relief through the broader category of motion practice in criminal cases.

The Bottom Line

A motion to suppress serves as a crucial safeguard in the criminal justice system, protecting defendants’ constitutional rights by excluding evidence obtained through illegal means. Successfully suppressing key evidence can significantly weaken the prosecution’s case and may lead to reduced charges or case dismissal. For guidance specific to your situation, always consult a qualified, licensed attorney.