Legal Definitions - suppression hearing

A suppression hearing is a formal legal proceeding held before a judge, typically before a criminal trial begins. Its purpose is for the judge to determine whether certain evidence that the prosecution intends to use should be excluded, or "suppressed," from being presented at trial.

The defense usually requests a suppression hearing, arguing that the evidence in question was obtained illegally, unconstitutionally, or in violation of proper legal procedures. If the judge agrees with the defense and orders the evidence suppressed, that evidence cannot be used by the prosecution during the trial.

Here are some examples illustrating a suppression hearing:

• Example 1: Illegally Obtained Physical Evidence

  Imagine police officers enter a person's home without a search warrant or any immediate emergency, and during their search, they discover illegal firearms. The defendant's attorney would likely file a motion for a suppression hearing, arguing that the firearms were found during an unlawful search that violated the defendant's Fourth Amendment rights against unreasonable searches and seizures. At the hearing, the judge would listen to arguments from both the prosecution and the defense, and if the judge finds the search was indeed illegal, the firearms would be suppressed and could not be presented as evidence at trial.

• Example 2: Coerced Confession

  Consider a situation where a suspect is interrogated by police for many hours without being offered food, water, or access to an attorney, despite repeatedly asking for one. During this prolonged interrogation, the suspect eventually confesses to a crime. The defense attorney would request a suppression hearing, arguing that the confession was not voluntary but rather coerced, violating the suspect's Fifth Amendment rights against self-incrimination and Sixth Amendment right to counsel. The judge would then evaluate the circumstances of the interrogation to decide if the confession should be suppressed, preventing the prosecution from using it as evidence.

• Example 3: Improper Witness Identification

  Suppose a witness to a robbery is shown a single photograph of a suspect by police and is then asked if that is the person they saw. Later, the prosecution intends to have this witness identify the defendant in court. The defense might request a suppression hearing, arguing that the initial identification procedure was overly suggestive and unreliable, potentially leading to a mistaken identification. The judge would hear arguments about the fairness of the identification process and decide whether the witness's identification of the defendant should be suppressed from being presented to the jury at trial.