What is a motion to suppress?
A motion to suppress is a request to exclude certain evidence from your trial. The basic idea is that the police and the government should not benefit from breaking the rules. The remedy for breaking the rules (i.e. violating your rights) is exclusion, or suppression, of the evidence they got by doing so.
Motions to suppress are often filed in drug cases. Your criminal defense attorney may attempt to exclude from trial any evidence of drugs found on your person, in your car or in your home because the police illegally detained you or illegally searched you. If the judge agrees that the search or seizure was illegal, any evidence of the drugs, including the drugs, would be excluded from your trial. As a result, your drug charges will likely be dismissed by the prosecutor, as they cannot prove your guilt without such evidence.
Sometimes, motions to suppress are filed in cases where the police have illegally taken a statement from you. For example, if the police interrogate your after you have been arrested, but fail to read you your Miranda rights, the statements you make could be suppressed by the judge.
To determine whether you have a valid motion to suppress in your case, contact Scott Berry Law today.