A motion to suppress is a request to exclude evidence from trial due to illegal acquisition or legal restrictions. Lawyers can file these motions even if evidence is likely to be admitted, and it can be useful for appeals. Suppression is often used when evidence is obtained illegally, and documentation is important for law enforcement. The motion is a formal document filed before trial, and both sides can file motions. The judge may ask for clarification or consultation, and the defense may request to dismiss the trial.
A motion to suppress is a request that evidence not be presented at trial because an attorney has reason to believe that the evidence was obtained illegally or cannot be presented lawfully due to restrictions in the law. Suppression motions are usually filed as part of pre-trial motions. A judge decides whether or not to grant the motion, depending on the supporting materials presented, admitting the evidence or accepting that it should be barred.
Lawyers can file motions to suppress as much evidence as possible, even if they think the evidence is likely to be admitted anyway. It may be worth taking the opportunity to have particularly problematic evidence excluded, and the instances will remain on the record even if the evidence is admitted, which can be useful when bringing an appeal or challenging the outcome of a trial. In this case, the attorney may argue that the suppression motion was unreasonably dismissed and that the evidence tainted the outcome of the trial.
A common reason for filing a suppression motion is the belief that the evidence was obtained illegally. Many countries have specific rules about how to collect evidence, when law enforcement can stop traffic, and so on. If these rules are violated, the evidence obtained may not be allowed. For example, there are search and seizure protections in the United States that can be used to attempt to destroy evidence obtained in unlawful ways.
If a lawyer believes that the actions used to gather evidence cannot be justified by law, a suppression petition may be filed. This is one reason why law enforcement officers are very careful to document every action they take and why their actions hold up in court and the evidence they collect is admitted. Documentation often includes video recordings of audience interactions so there is no dispute about what happened and when during interviews, traffic stops, and other interactions.
The suppression motion is a formal written document that discusses the evidence in question and the reasons why the lawyer requests the exclusion. Typically both sides in a case file motions before the trial begins. The judge may eventually ask the attorneys for a meeting to discuss particular motions that appear to require further clarification or consultation. Preliminary requests by the defense may also include a request to dismiss the trial altogether, although these requests are rarely granted.
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