Legal Definitions - Motion To Suppress

A Motion To Suppress is a formal request made by a criminal defendant to a court, typically before a trial begins. The purpose of this motion is to ask the judge to exclude certain evidence from being presented at trial because it was obtained by law enforcement in a way that violated the defendant's constitutional rights or specific legal statutes.

This legal tool is rooted in the "exclusionary rule," a principle primarily derived from the Fourth Amendment of the U.S. Constitution. The exclusionary rule dictates that evidence obtained through illegal means—such as an unlawful search or seizure—cannot be used against a defendant in a criminal trial. The goal is to deter law enforcement from engaging in unconstitutional conduct and to uphold the integrity of constitutional protections.

Here are some examples of situations where a Motion To Suppress might be filed:

• Example 1: Unlawful Search of Property

  Imagine police officers respond to a noise complaint at an apartment. While investigating, they decide to enter the apartment without a warrant, without the tenant's consent, and without any immediate danger or emergency that would justify such an entry. Inside, they discover illegal drugs and drug paraphernalia. The tenant is then arrested and charged with drug possession.

  How it illustrates the term: The defendant's attorney would likely file a Motion To Suppress the drugs and paraphernalia. They would argue that this evidence was obtained in violation of the defendant's Fourth Amendment right against unreasonable searches, as the police entered the home without proper legal authorization. If the motion is granted, the prosecution would not be allowed to present the seized items as evidence at trial.

• Example 2: Coerced Confession

  Consider a scenario where a suspect is brought in for questioning regarding a robbery. During a lengthy interrogation, the police repeatedly deny the suspect's requests to speak with an attorney and make false promises of leniency if they confess, threatening harsher penalties if they remain silent. Under this pressure, the suspect eventually confesses to the crime.

  How it illustrates the term: The defense attorney would file a Motion To Suppress the confession. They would argue that the confession was not voluntary but rather coerced, violating the defendant's Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel. If the judge agrees that the confession was involuntary or obtained in violation of the right to counsel, the confession would be excluded from the trial.

• Example 3: Illegal Wiretap Evidence

  Suppose law enforcement suspects a person is involved in organized crime and installs a wiretap on their phone. However, they fail to follow all the strict legal requirements for obtaining and maintaining a wiretap warrant, such as demonstrating sufficient probable cause or properly minimizing the interception of non-relevant conversations, as required by federal and state statutes.

  How it illustrates the term: If incriminating conversations are recorded, the defendant's legal team would file a Motion To Suppress these recordings. They would contend that the evidence was gathered in violation of the defendant's privacy rights and specific statutory provisions governing electronic surveillance. If the court finds that the wiretap was conducted improperly, the recorded conversations would be deemed inadmissible at trial.