62311 (1)

Motion to Suppress Evidence

Motion to Suppress Evidence

Motion to Suppress Evidence

A motion to suppress evidence is a request by the defense to exclude certain evidence from being used against the defendant at trial. The motion argues that the evidence was obtained illegally or in violation of the defendant’s constitutional rights, such as the right against unreasonable searches and seizures or the right to remain silent. Common grounds for suppression include lack of probable cause for a search, lack of a warrant, improper execution of a warrant, or failure to provide Miranda warnings. The motion typically includes a factual background of how the evidence was obtained and the legal basis for suppression. If the court grants the motion, the evidence cannot be used at trial, which may significantly impact the prosecution’s case. The exclusion of evidence is meant to deter police misconduct and protect individuals’ rights.

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