What Is a Motion to Suppress Evidence?

Many criminal cases are won or lost before the defendant even sets foot in a courtroom. To prove a defendant guilty, the prosecution must present evidence that demonstrates, beyond a reasonable doubt, that the defendant committed the crime they are accused of. An experienced criminal defense lawyer can increase the likelihood of a successful result by having certain evidence excluded from trial.

At Douglas D. Terry & Associates, our criminal defense lawyers will carefully analyze the evidence the prosecution intends to introduce and can file a motion to suppress evidence that asks the judge to declare some evidence inadmissible.

The Importance of a Motion to Suppress Evidence

Oftentimes, the outcome of a criminal trial is less about a defendant’s guilt or innocence than it is about the evidence that is or is not admitted. The admissibility of evidence can depend on whether the police followed the proper protocols and procedures in conducting their investigation and placing a defendant under arrest. If the police made mistakes or violated the defendant’s rights, a criminal defense lawyer can file a motion to suppress evidence that asks the judge to prohibit certain evidence from being introduced at trial. If the defendant’s motion is successful, crucial evidence could be excluded, which can lead to a favorable result or having the case dismissed.

Reasons for Filing

If you have been charged with a crime, your defense strategy should include a careful analysis of the prosecution’s evidence and whether any of it can be excluded from the trial.

Before evidence can be considered at trial, it must be both “relevant” and “competent.” These terms have technical legal definitions and mean that any evidence introduced at trial must be directly related to the charges in your case and must have been appropriately handled according to the law. If evidence is irrelevant or unreliable, was illegally obtained, or could lead to undue confusion of the issues, your lawyer can file a motion to suppress evidence asking the judge to exclude evidence from consideration at trial.

A motion to suppress evidence is filed well before trial and can drastically alter the outcome of your case. If the defendant wins the motion and the judge agrees that some evidence should not be admitted, the prosecution may have no choice but to dismiss the case against you. Or they may be more willing to agree to a substantial reduction in charges.

Motion to Suppress Evidence Examples

To file a successful motion, you must have legal grounds to argue that the evidence should be suppressed. Common reasons for filing a motion to suppress evidence include:

Illegal Search and Seizure

Illegal search and seizure is one of the most common reasons for filing a motion to suppress evidence. The Fourth Amendment protects against unlawful searches and seizures. Before the police can lawfully perform a search, seize your property, or place you under arrest, they must have a valid search warrant or arrest warrant or probable cause to believe you committed a crime.

Failure to Give Miranda Warnings

When taking a suspect into custody, police are required to advise a suspect of their Miranda rights. The Miranda warnings advise a suspect that they have the right to remain silent, that anything they say can be used against them in court, and that they have the right to an attorney. If the police do not read a suspect their Miranda rights, some statements made by the defendant cannot be considered at trial.

Errors in the Chain of Custody

The chain of custody refers to the procedures police must follow when handling evidence. To prove chain of custody, the prosecutor must establish that the evidence is what they claim it is, that the evidence was continuously in their possession from the time it was seized until it’s presented in court, and that the evidence remained in substantially the same condition each time it was transferred. If the chain is broken, the evidence could lack credibility and might not be admissible.

Crime-Specific Reasons for Filing a Motion to Suppress Evidence

Drunk driving cases often involve unique evidentiary issues and lend themselves to filing a motion to suppress evidence based on:

• Field Sobriety Tests not being administered according to standards required by the National Highway Traffic and Safety Administration (NHTSA)
• Inaccurate breath testing equipment
• Expert testimony that raises questions about the reliability of certain evidence

This often raises complex constitutional issues. Your lawyer will carefully research, draft, and argue this motion on your behalf. If your lawyer succeeds in having certain evidence excluded, the prosecution might be forced to dismiss the case or agree to a significant reduction in charges.

Contact Douglas D. Terry & Associates for Aggressive Criminal Defense

Filing a motion to suppress evidence is just one part of your overall legal defense strategy. If you were charged with a crime, you need a criminal defense lawyer who will carefully analyze the charges against you, explain your options, and fight to obtain the optimal result in your case.

Douglas D. Terry & Associates has been defending people accused of assault for more than 40 years. With offices in St. George and Cedar City, we proudly defend people charged with crimes throughout southern Utah. To learn more, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form.