11:17
that’s not my plan tbh
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LSDefine
Simple English definitions for legal terms
suppression of evidence
Read a random definition: abandonment (of trademark)
A quick definition of suppression of evidence:
Suppression of evidence is when a judge decides that certain evidence cannot be used in a trial. This can happen if the evidence was obtained in a way that breaks the law or violates a person's rights. Sometimes, a defendant will ask for evidence to be suppressed, and sometimes a prosecutor might hide evidence on purpose. The exclusionary rule is a way to prevent evidence obtained through an unreasonable search or seizure from being used in a trial. If a suspect makes a confession during questioning, it might not be admissible in court if they were not informed of their rights. The right to a fair trial with the help of a lawyer is guaranteed by the Sixth Amendment. If a lawyer fails to ask for evidence to be suppressed, it could lead to a conviction being overturned on appeal.
A more thorough explanation:
Suppression of evidence is a legal process that prevents certain evidence from being presented in court during a trial. This can be lawful or unlawful.
Lawful suppression of evidence occurs when a judge rules that certain evidence is inadmissible due to a violation of the Constitution or other statutes. For example, if evidence is obtained in violation of a defendant's Constitutional rights, it may be suppressed. This type of suppression is usually requested by a criminal defendant through a pretrial motion. Once the judge rules that the evidence should be suppressed, it cannot be used in the trial.
Unlawful suppression of evidence occurs when a prosecutor intentionally withholds or hides evidence. This is not allowed under the Brady Rule, which requires prosecutors to disclose all material evidence possessed by the government. If a prosecutor fails to disclose evidence, it cannot be used in the trial.
There are several grounds for suppression of evidence:
- The Fourth Amendment: Exclusionary Rule - Evidence obtained through an unreasonable search or seizure may be suppressed. This is known as the exclusionary rule.
- The Fifth Amendment: Miranda Warning - Any incriminating statement obtained through custodial interrogation without a Miranda warning may be suppressed.
- The Sixth Amendment: Assistance of Counsel - If a defendant's counsel fails to submit a motion to suppress evidence, they may be considered ineffective and incompetent.
There are some exceptions to the exclusionary rule, such as the good faith exception and the independent source doctrine.
An example of lawful suppression of evidence would be if a police officer conducted an illegal search of a suspect's home and found drugs. If the judge rules that the search was illegal, the drugs would be suppressed and could not be used as evidence in the trial.
An example of unlawful suppression of evidence would be if a prosecutor failed to disclose a witness who could provide exculpatory evidence for the defendant. If the defense later discovers this evidence, it cannot be used in the trial.
These examples illustrate how suppression of evidence can impact a trial and the importance of following legal procedures to obtain evidence.