Motion to Suppress Evidence
What is motion to suppress evidence?
A motion to suppress evidence is a legal proceeding designed to challenge evidence on constitutional grounds. A motion to suppress evidence is a formal, legal tool that an attorney or pro se litigant can use in a trial. The prosecutor and defense counsel then submit legal arguments in an official document known as a brief. If there has been an arrest or a search without a warrant, then the prosecutor files the first brief. After the briefs are submitted, the court then holds a hearing with testimony and exhibits to resolve any contested issues.
The most common evidence challenged are an incriminating document, a confession, a breathalyzer reading or an incriminating item, most frequently drugs. In the justice system, any additional evidence that police recover as the result of an illegal search or illegal questioning is also inadmissible. The most common types of criminal proceedings in which defendants bring motions to suppress evidence are drug cases. The state has the burden of proof at the hearing. If the court grants the motion to suppress evidence, then the prosecutor is barred from using the challenged evidence against the defendant in court.
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