Motion to Suppress Evidence
Motion to Suppress Evidence
A motion to suppress evidence is based upon the idea that evidence has been illegally obtained as the product of a search or seizure that violates the Constitution. The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal argument about why the evidence should be suppressed. If this motion is successful, the case may be dismissed entirely.
There are different laws that govern whether or not a search is illegal, depending upon what is searched and who does the searching. For example, the law recognizes a greater expectation of privacy in a person’s house, than they do in a person’s car. This is because cars are more exposed to the public because of their many windows, and because of their mobility. An experienced California DUI criminal defense attorney will be able to spot these issues, analyze them properly, and make a forceful argument on your behalf in court.
A criminal defense lawyer can make a Motion to Suppress and return property or any tangible or intangible thing obtained as a result of an unlawful search or seizure. A suppression motion does not keep out statements obtained in violation of the Constitution, nor litigate the legality of identification procedures and police lineups, for these do not specifically relate to the search or seizure. However, physical evidence seized as the result of a statement obtained in violation of the Fifth Amendment may be suppressed through a suppression motion.
Evidence that has been previously suppressed cannot be used to revoke probation. If the prosecutor is able to proceed to trial notwithstanding the fact that evidence has been suppressed, the illegally-seized evidence can be sued to impeach the defendant if he or she testifies. Illegally-seized evidence which has been suppressed should certainly not be introduced against the defendant at a sentencing hearing.
Because the Motion to Suppress Evidence is so powerful, and can result in the entire case being dismissed, it is important that every criminal case be scrutinized by a criminal defense lawyer who is well-versed in search and seizure law. An experienced criminal defense attorney will be able to determine whether a Motion to Suppress Evidence is a worthwhile undertaking.
It is possible for the government to seize the fruits of the drug trade in what is called a forfeiture action. This can include cars, homes, cash, and any other asset. A skilled criminal defense attorney can work to protect assets from forfeiture.
If you or someone you care about has been charged with a crime, it may be possible to suppress the evidence to be used against them. By so doing, the prosecution may be unable to proceed, and the charges dismissed. Please contact our law firm for a free consultation to determine whether a suppression motion may help in your case. The Kavinoky Law Firm is dedicated to criminal defense. One hundred percent of our practice is criminal defense work. It would be our pleasure to consult with you regarding your case at no cost or obligation.