If the police violated your constitutional rights when obtaining evidence to be used against you in a criminal case, the court may exclude such evidence from being used in court. This follows a motion to suppress, usually filed by the defense before trial.
If you were searched without a warrant, pulled over without a valid reason or questioned without being read your rights, anything the police find or learn might not be allowed in court. A motion to suppress asks the judge to keep that evidence out of your trial.
Why it matters
In many criminal cases, key evidence is usually obtained during traffic stops, home searches or police interrogations. However, the police don’t always follow the rules. If your rights were infringed upon during any of these moments, the entire case might weaken or even fall apart should the court suppress key evidence.
For example, if crucial evidence the prosecution intended to rely on is struck out of your case, it can lead to reduced charges or even a full dismissal. The prosecution may also be inclined to offer you a better plea deal, given that the case against you may not be as solid without the suppressed evidence.
How do you know if you have a strong motion?
You might not know right away if you have solid grounds to exclude evidence from your case. It takes an informed eye, which is why it’s crucial to have someone go through the details – every step the officers took, every word they said and whether proper procedure was followed.
The proper guidance as you navigate the criminal justice system can make all the difference in your case and increase the chances of a desirable outcome.