What Is a Motion to Suppress Evidence in Florida and When Can It Change the Outcome of a Case?
Evidence forms the basis of any criminal proceeding. Unfortunately, not all evidence is collected legally. In cases where evidence is collected by violating an individual’s constitutional rights, a criminal defense lawyer can file for the exclusion of such evidence via a motion to suppress. In most instances, the filing of a successful motion to suppress helps to weaken the prosecution’s case.
What is a motion to suppress?
A “motion to suppress” refers to a formal request by the defense to prevent certain evidence from being admitted into the record. If the motion is granted, the prosecution cannot present the evidence. In this case, prosecutors may face difficulties proving their allegations beyond a reasonable doubt.
When can evidence be suppressed?
There are certain cases in which evidence can be excluded in a criminal case. One of them is unlawful search and seizure. This is because the Fourth Amendment protects individuals from unreasonable searches by the government. If the police search your body, vehicle, house, or any other place without a lawful warrant and no exceptions, the evidence collected is excluded.
Another issue in which the exclusion of evidence is common is during traffic stops. Generally, for a traffic stop, the police need reasonable grounds to believe that a traffic violation has occurred or that a criminal offense was committed. If such a traffic stop was illegal, all evidence seized during the stop is excluded.
In addition, statements made during police interrogation can be excluded when the suspect’s constitutional rights are violated. For instance, in the case of unlawful custodial interrogation, the police may obtain evidence that may not be used. Similarly, an involuntary confession is another situation where evidence is excluded.
What happens during a suppression hearing?
Generally, the motion to suppress will be heard by the judge prior to trial, during which the prosecution and the defense can adduce evidence, cross-examine witnesses, and argue their cases on the record.
The onus is on the prosecution to prove that the search, seizure, or interrogation was constitutional in all respects since the constitutionality of the police activities is at stake.
As a result, the hearings often raise complex constitutional questions, and proper legal preparation becomes necessary.
Why suppression motions matter
A winning motion to suppress can have a drastic impact on a criminal case. Evidence being excluded from the case, which might consist of anything from controlled substances and firearms to damaging statements, can mean that the prosecution does not have enough evidence to take the case any further. In certain cases, it could cause the case to be dropped altogether.
It is not uncommon for an unfavorable motion to still reveal weak points in the case that can be exploited during plea bargaining and at trial.
Anyone facing criminal charges in Florida needs to ensure that an attorney reviews how the evidence in their case was obtained. You have constitutional rights for a reason, and the police must obey the law while conducting their investigations. A competent Tallahassee criminal defense lawyer will know if a motion to suppress should be filed.
Talk to a Tallahassee, FL, Criminal Defense Attorney Today
Luke Newman, P.A., represents the interests of Tallahassee residents who are facing criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
