Drugs - Marijuana - Motions to suppress evidence

Motions to suppress evidence

Motions to suppress evidence are pre-trial motions that are typically filed by the defense in a California case involving marijuana and are argued in an effort to keep certain evidence or witness testimony out of the trial. If the defense successfully argues this motion, the prosecution may be forced to drop the charges and dismiss the case altogether. Because of the importance of this type of motion, it is critical that the accused hires a skilled criminal attorney who knows what types of issues a judge would be likely to seriously consider when hearing this kind of motion and what arguments are most likely to convince the judge to rule in the defense’s favor.

Motions to suppress evidence are usually filed when the defense believes that certain evidence (whether it is the marijuana, statements or other evidence) in a drug case was obtained during an illegal search and/or seizure in violation of the Fourth Amendment to the United States Constitution. Because prevailing at this type of hearing depends on not only knowing the state laws that are relevant to the procedures involved in filing this type of motion but on also having an in-depth knowledge about federal law and what constitutes an illegal search and seizure, only an experienced criminal defense lawyer should attempt to file and argue a motion to suppress evidence.

The Constitution protects U.S. residents from “unreasonable searches and seizures” of their property, as well as of their person. In order to be reasonable, an officer must have a court-issued warrant before conducting a search or probable cause to believe that an individual is involved in illegal activity. It must be noted that a “search” necessarily involves an invasion of privacy, because, for example, an officer who observes an individual openly smoking a marijuana cigarette on the street has not had to search him or her to witness the illegal activity. However, if the officer simply decided to stop an otherwise unassuming individual to check his or her pocket for the drug, a search would have ensured. A “seizure” (using the same scenario) would then refer to the officer taking the marijuana and the individual into police custody. Searches and seizures are premised on one’s “reasonable expectation of privacy” – if there is no reasonable expectation of privacy, an illegal search will not be declared – if there was such an expectation, it becomes a judicial issue. It generally follows that if the search was illegal, the seizure was, too.

Motions to suppress evidence may also be premised on the fact that the officer illegally obtained statements in violation of one’s constitutionally protected right against self-incrimination. If the accused was taken into custody and questioned about the alleged incident, he or she would first be legally entitled to receive his or her Miranda warnings. These are commonly read in movies and on television and advise a suspect of his or her “right to remain silent…” Incriminating statements elicited without those warnings may very well be illegal and the defense will move to suppress those statements during this hearing. Any evidence that was seized as a result of an illegal confession will also be declared illegal and should be additionally suppressed.

When reviewing a client’s case, an experienced California drug defense attorney will look for the types of issues that will trigger a motion to suppress evidence. The outstanding lawyers at The Kavinoky Law Firm pride themselves on their ability to spot these issues, critically analyze them and deliver the most compelling legal arguments in their support that are sure to convince a judge that evidence and/or statements were illegally obtained and should therefore be suppressed. These exceptional attorneys have mastered everything related to California marijuana cases and are well qualified to successfully represent anyone charged with a marijuana-related offense in this state. To learn more about a suppression motion or about their unsurpassed defense strategies, contact The Kavinoky Law Firm today for a free consultation.

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