Can Evidence Against Me Be Thrown Out of Court?

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Can Evidence Against Me Be Thrown Out of Court?

If law enforcement violated your constitutional rights in obtaining the evidence that the prosecutor now wants to use against you, your lawyer can file a motion to suppress that evidence and keep it out of court. This Information Sheet answers common questions about motions to suppress and explains how this powerful
defense tool can be used to your advantage.

What is a “motion to suppress”?

A “motion” is a formal (usually written) request filed with the court. A motion to suppress is a request to toss out or “suppress” certain evidence in a criminal case.

What types of evidence can be suppressed?

Evidence that was unlawfully obtained, in violation of your constitutional rights, is subject to suppression. This includes:

• Tangible physical evidence (e.g., a weapon, drugs or drug paraphernalia, clothing, a computer)
• Testimonial evidence (e.g., statements you made to the police, including an alleged “confession”; or statements overheard by the police)
• Out-of-court identifications, by means of a photo array, mug shot review, lineup or show-up.
• Evidence that is derived from unlawfully obtained evidence.

What are the common legal grounds for a motion to suppress?

The United States Constitution establishes your fundamental rights in relation to the criminal justice system. These rights include:
• The right to be free from unreasonable searches and seizures;
• The protection against self-incrimination, so that you cannot be forced to be a witness against yourself;
• The right to an lawyer to assist in your defense; and
• The right to due process of law and equal protection under the law.
• If those rights are violated, you may have grounds for a motion to suppress.

What types of situations might support a motion to suppress?

Common situations that may support a motion to suppress include, for example:

An unlawful search and/or seizure, which may occur if:

• Officers had no warrant in a situation in which a warrant was required;
• Officers had a warrant, but it was defective or flawed;
• Officers had a proper warrant, but it was improperly executed;
• Officers were not legally on the premises where the evidence was seized;
• The search exceeded the area specified in the warrant;
• The search went beyond the items specified in the warrant.

An unlawful out-of-court identification, which may occur if the process used to identify you as a suspect or perpetrator — e.g., having the witness review mug shot books or a photo array or line-up at the police station – was unfairly prejudiced against you.

A break in the chain of custody. Detailed procedures are in place to safeguard evidence and ensure it is not tampered with from the moment it is seized until the moment it is brought to court. If these procedures – referred to as “chain of custody” rules – are not strictly followed, then your right to due process may have been violated and your lawyer  may have grounds for a motion to suppress.

An unlawful interrogation. You may have been subjected an unlawful interrogation if:

• You were not advised of your rights;
• Officers continued to question you after you requested an lawyer;
• The conditions of the interrogation rendered your statements unreliable;
• You were subjected to physical force or threats during an interrogation.