Motion to Suppress
A motion to suppress seeks to exclude evidence from being used against you because it was obtained through police or governmental misconduct.
A successful challenge can result in key evidence being thrown out or an outright dismissal of the charges.
Why Courts Suppress Evidence
Courts suppress illegally obtained evidence to deter police misconduct so law enforcement is not rewarded for obtaining evidence illegally.
Known as the Exclusionary Rule , it is believed that law enforcement will conduct themselves appropriately in the future if they know the illegally obtained evidence will not be admissible at trial.
Types of Motions to Suppress
There are several types of motions to suppress that can be filed in a criminal case. They include:
Motion to Suppress Warrantless Search or Seizure
The most common basis for filing a motion to suppress is when law enforcement conduct a warrantless search or seizure of your person, home, or vehicle in violation of your fourth amendment right to be free from unlawful searches or seizures.
Motion to Suppress Statements
Another common piece of evidence that can be attacked is a confession or an incriminating statement.
Generally, statements are suppressed for being obtained without informing a suspect of the right to remain silent or as a result of coercion.
"Anything you say can be used against you in a court of law..." is probably one of the most well known phrases in the United States. But contrary to popular belief, a law enforcement officer does not have to read you your rights whenever they encounter you.
Rather, a law enforcement officer only has to read you your rights when you are under arrest or if you are not free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.
The biggest exception to your right to remain silent occurs when you make a spontaneous statement. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with a crime in Florida, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.