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motion to suppress Tag

Excluding Illegally Seized Evidence in Court

Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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What Is a Motion to Suppress?

What Is a Motion to Suppress?

A lawyer defending a client accused of driving under the influence frequently will file a motion to suppress evidence on the client’s behalf. A motion to suppress asks the court to suppress, or not allow to be used in court, a certain piece of evidence. The motion argues that the evidence should not be used in court because it was obtained illegally, it is tainted, or for some other similar reason. Motions to suppress arise from the exclusionary rule in criminal cases. The exclusionary rule states that defendants have the right to have excluded from trial any evidence that was...

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