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Suppressed Evidence Explained: Can It Help Your Defense?
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:
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.
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Suppressed Evidence Explained: Can It Help Your Defense?
When is a motion to suppress usually brought?
A motion to suppress is usually filed before trial, once your lawyer has had an opportunity to review the police report and other evidence; interview you; and conduct an independent investigation.
My lawyer filed a motion to suppress. What happens next?
The judge will either rule on the motion immediately, based on sworn statements and other evidence filed with the motion, or set a date for a hearing.
What happens at the hearing?
At the hearing, the judge will hear testimony from witnesses and legal arguments from the lawyers. The prosecutor will call law enforcement officers to testify about what happened during their encounter with you. Your defense lawyer then will have the opportunity to cross-examine these officers. The goal of cross-examination is to show that the officers’ testimony is unbelievable because of bias; a motive to lie; an inability to observe what they claimed to have observed; or impaired perception. Your lawyer can also undermine an officer’s credibility by showing that his testimony at the hearing is inconsistent with what he wrote previously in his police report.
In addition to law enforcement officers, other witness also may be called to testify as to what happened during the police encounter (e.g., persons who were present when officers entered your home or the passenger in the car with you when you were pulled over).
What happens if I win the motion to suppress?
If the judge rules in your favor, then the evidence at issue in the motion will be banned from court (“suppressed”). This means the prosecution cannot use it in court to try to prove its case against you. The prosecution still is allowed to try to prove its case using other evidence. If, however, the evidence that was suppressed is so crucial to the prosecution’s case that there is insufficient evidence remaining to prove the charges against you, the judge might decide to dismiss one or more of the charges or even the entire case. At the very least, winning a suppression motion may result in a better plea offer.
What can I do to help my lawyer win the motion to suppress?
Tell the truth – the whole truth. Motions to suppress are won or lost on specific facts. Your lawyer needs a detailed and accurate account of exactly what happened in your encounter with law enforcement. Remember that your conversations with your lawyer are protected by the lawyer-client privilege, so the substance of those conversations is confidential. Be scrupulously honest and tell your lawyer the whole story. Details that may seem unimportant to you may be highly relevant to your lawyer.
Suppressed Evidence Explained: Can It Help Your Defense?
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