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A motion to suppress evidence is a legal tool used to prevent certain information from being presented in a trial. It requires a written filing outlining the evidence and a legal reason for its exclusion. The judge schedules a hearing to discuss the motion, and if granted, the evidence is removed from the registry and cannot be considered in the trial. The most common reasons for exclusion are privacy violations and improper evidence-gathering, such as illegal searches or improper communication.
A motion to suppress evidence is a legal tool that attorneys and litigants can use to prevent certain information from being presented or even discussed in a criminal or civil trial. It’s most commonly used in the context of the US legal system, but many different countries have something similar. In most cases this type of request is a written filing that outlines two main things: first, a concise statement of the evidence that should be excluded, and second, a reason. There usually has to be some legal reason why the information should be omitted from the official record. Improper evidence-gathering, such as if information reaches police or prosecutors only through an illegal search, is a common example; another is evidence that it was collected in a way that violates a person’s protected right to privacy. When one of these types of motions is granted, the information is not presented during the trial, is not included in the official record of the case, and cannot be considered by the judge or jury in making a ruling.
As required
Each jurisdiction typically has its own specific filing process for this type of motion, but generally, it is a paper document that must be formally filed with the court within a certain amount of time after the case is officially opened. It must describe the disputed evidence in full and in detail, and must also state specific reasons why such evidence should not be admitted. Such reasons usually have to be grounded in law; simply stating that they are harmful, redundant, or irrelevant is usually not enough. It is common to cite other cases that have upheld motions for similar reasons or for similar reasons, although this is often not required.
Once the court receives the motion, the judge usually schedules a hearing to discuss it. Both parties are usually asked to comment on why the evidence should or should not be considered. This is often a really important occasion for the parties to elaborate on the ideas set out in the motion.
Consequences for the process
When a motion to suppress evidence is granted, neither the judge nor the jury can make a decision on the case based on the suppressed evidence. It is removed from the registry and is not presented or presented to the trial at all. Sometimes this just weakens a case, but depending on what the evidence was it can also more or less destroy it. For example, if a person is accused of possession of illegal drugs but the drugs themselves are the evidence that they have been excluded, there is not much that can be done at trial. In these cases the case is usually dismissed.
Reasons and Legal Bases
Granting a motion to suppress evidence depends heavily on the strength of the legal reasoning behind the request. Most of the time, there must be some procedural problem with how the evidence was collected or the circumstances surrounding that collection. Claiming that the evidence is harmful or “unfair,” while potentially true, is usually not enough. At least in the United States, the top two reasons material is banned are related to privacy violations and usually occur in the context of illegal searches and seizures and improper collection methodology.
Illegal searches
In the United States, the legal system weighs each person’s constitutional right to privacy against the public interest in prosecuting crimes and enforcing public laws. There are various rules and constitutional rights to protect citizens’ privacy and prevent illegal investigations. If a law enforcement organization violates any of these privacy laws and rules, the evidence is considered improperly collected. When evidence is obtained improperly, such as through an illegal search, the party can file a motion to suppress it.
The Fourth Amendment, which protects against unreasonable searches and seizures, is often the basis for these types of requests. This amendment maintains that a person and his property may not be searched without reasonable cause. A warrant is usually required, unless the illegal items are in plain sight or police or law enforcement personnel actually witness a crime being committed.
Improper communication
The Fifth Amendment is also designed to protect a person’s privacy. It grants a person the right to remain silent and the right to avoid self-incrimination. In a Supreme Court case called Miranda v. Arizona police must inform a suspected criminal of this right — as well as his right to a lawyer — before questioning him. If this procedure is not followed, any verbal evidence can be excluded or suppressed. This is perhaps most significant when it comes to confessions and other statements that are directly incriminating.
In most cases, any additional evidence that the police recover as a direct result of an illegal search or illegal questioning is also inadmissible, even if there is nothing technically wrong with the procedures or methodology used. This test is considered “fruit of the poisonous tree”. For example, if the police retrieve a gun only because the criminal told them where the gun was in the course of an illegally obtained confession, the gun is also improperly obtained evidence and can be suppressed.
