What is a Motion to Suppress?

Through a motion to suppress, your criminal defense lawyer can ask the court to suppress evidence obtained illegally. This usually means that your attorney is asking the court to find that the government has violated your Fourth or Fifth Amendment rights.  Any evidence that the court suppresses cannot be used against you at trial.


Examples of when evidence may be suppressed:


  • Police officers did not have a sufficient reason to conduct a traffic stop on your car;
  • Police officers did not have probable cause to search you;
  • The police did not have probable cause or a valid warrant to search your home;
  • Police officers did not obtain a search warrant;
  • a search warrant was not obtained properly;
  • The search went beyond the boundaries set by the search warrant;
  • The officers failed to read you your Miranda Rights before interrogating you;
  • The photo or live line-up was not conducted properly.
Categories: General
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