A motion to suppress is the formal request your attorney files asking the court to keep certain evidence out of your case.
The most common basis is a rights violation. Maybe the police searched your car without a warrant or reasonable suspicion. Maybe they questioned you without reading your Miranda rights. Whether the violation is constitutional or statutory, the result is the same: evidence gathered that way doesn’t get used against you at trial.
Rights violations aren’t the only path. Evidence can also get excluded under the rules of evidence, when it’s unfair to introduce, doesn’t relate to the case at hand, or simply doesn’t belong in front of a jury deciding this matter.
There are several ways to get evidence thrown out. The motion to suppress is the main one, and it’s often the difference between a case the prosecution can prove and a case it can’t.
If you think the police overstepped in your case, talk to us. We’ll look at what happened and tell you straight whether a motion to suppress is on the table.
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