Many people charged with a criminal offense ask, “how do I get the evidence tossed out?” Before trial, your criminal defense attorney will likely file a “motion to suppress” to try and get certain evidence excluded. Keep reading to learn more about motions to suppress.
What is a Motion to Suppress?
In short, a motion to suppress is a written request filed with the court to exclude certain evidence before a criminal trial. In a criminal case, the Defendant’s attorney files motions to suppress, and they most often come up in search and seizure cases involving the Fourth Amendment.
Why is a Motion to Suppress Important?
The “motion to suppress” is important because it is based on the “exclusionary rule.” The exclusionary rule states that evidence that is obtained in violation of the Defendant’s Fourth Amendment right against unreasonable searches and seizures should be excluded from the trial.
The motion to suppress is important because it is used to prevent the prosecutor from using evidence against the Defendant that was obtained in violation of the Fourth Amendment. In other words, the motion to suppress protects the Defendant’s constitutional rights. Also, suppressing unlawfully obtained evidence is crucial because it may be the difference between a conviction and a dismissal.
Common Grounds for a Motion to Suppress
There are many different reasons a criminal defense attorney may file a motion to suppress, but there are some more common justifications. Some common reasons for filing a motion to suppress include:
- Unlawful Search or Seizure: This occurs if an officer has no warrant where a warrant was required; the warrant is flawed because it has, for example, the wrong address; or the officers had a warrant but improperly executed the warrant
- A Break in the Chain of Custody: The chain of custody for evidence ensures that the evidence in front of the judge is authentic, meaning it is the same evidence that was seized at the crime scene. A break in custody may mean that the evidence was possessed by a person that was not supposed to handle it, which would make the evidence inauthentic.
- Failure to Give Miranda Warnings: When police take you into custody and plan to interrogate you, they are required to inform you of your Miranda rights. Your Miranda rights include informing you that anything you say may be used against you, that you have a right to an attorney, that a lawyer will be provided to you if you cannot afford one, and that you have a right to remain silent. If the police fail to give Miranda warnings, there may be an argument that your rights were violated and any evidence following the failure to give Miranda warnings should be excluded.
Why Did the Judge Not Grant the Motion to Suppress?
There are many reasons why a judge may refuse to grant a motion to suppress. Some of the common reasons judges refuse to grant a motion to suppress include:
- Inevitable Discovery: If the prosecutor can prove that it is more likely than not that the police would have found the illegal evidence, even if the evidence was found in violation of the Fourth Amendment, the judge will allow the evidence to be used at trial.
- Public Emergency: If a public safety concern exists, such as a mass shooting for example, then the police may conduct questioning without giving Miranda warnings. So, the motion to suppress based on the police officer’s failure to give Miranda warnings may be denied.
- Good Faith: When a search warrant is obtained and later determined to be invalid, the evidence obtained may be introduced during the Defendant’s criminal trial if a reasonable, well-trained officer would have believed that the warrant was valid. In other words, if the officer had an objective good faith belief that the warrant was not faulty or invalid, the evidence found may still be admissible. As a result, if a motion to suppress is filed based on an invalid search warrant, the judge may deny the motion to suppress based on the officer acting in good faith.
Why You Need a Lawyer for Motions to Suppress
It is crucial that you have a criminal defense attorney to file motions to suppress. Your defense attorney can decide which evidence should be suppressed and how to make to support a motion to suppress. With the help of a criminal defense attorney to file and argue motions to suppress, your case could be dismissed.
Have Questions? Give Me a Call.
Navigating the criminal legal system can be confusing. I have decades of experience fighting for clients at all stages of their cases. I know the players in the Georgia criminal courts, and I am here to help you throughout the life of your case. If you need a criminal defense attorney or have legal questions, give me a call today!
