Components of a Motion to Suppress Evidence
(Legal Grounds & Types)

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What are the Components of a Motion to Suppress?

A motion to suppress evidence is part of the pretrial process. In most cases, the motion is filed and decided upon before the trial begins.

A suppression hearing provides both the defense and prosecution an opportunity to argue their positions on the motion to suppress. The arguments are presented in front of the judge, not a jury.

The motion to suppress hearing usually includes testimony from the defendant about how the illegal evidence was obtained, testimony from law enforcement, cross-examination by the prosecutor, and a conclusion with oral arguments to the judge by both prosecution and defense on reasons why the motion to suppress should be granted or denied.

Legal Grounds for Suppression of Evidence

The principal legal grounds for the suppression of evidence are that:

• The evidence was obtained in a warrant-less search,
• The police gathered evidence in violation of the suspect’s right to a lawyer,
• The suspect was not read his or her Miranda Rights,
• The police had a search warrant, but it was invalid, and
• Police failed to preserve the evidence's chain of custody.

What Type of Evidence Can Be Suppressed?

Some common examples of evidence suppressed include Evidence gathered via an unreasonable search in violation of the 4th Amendment of the U.S. Constitution and evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of the 4th Amendment.

What is Unlawful Suppression of Evidence?

Unlike lawful suppression of evidence requested by a defendant, an unlawful suppression of evidence is proposed by a prosecutor who improperly or intentionally withholds evidence. Since the Brady Rule (Brady v. Maryland, 373 U.S. 83) requires prosecutors to disclose evidence possessed by the government, if prosecutors fail to disclose it, the evidence cannot be used at trial.

Habit Evidence vs Character Evidence

Habit evidence is used to describe any evidence submitted for the purpose of proving that a person acted in a particular way based on that person's tendency to respond to a particular situation in a particular way.

Habit evidence is similar but different from character evidence, which seeks to show that a person behaved in a particular way based on that person's prior bad acts, based on the opinion of a witness, or based on that person's reputation in the community. Such character evidence is typically inadmissible in court.

FAQs

What should I do if my motion to suppress evidence is denied?

If your motion to suppress evidence is denied, you should work closely with your attorney to adjust your defense strategy accordingly. Depending on the strength of the remaining evidence, you may consider negotiating a plea deal, preparing for trial, or preserving the issue for appeal if you are convicted.

Can multiple pieces of evidence be challenged in a single motion to suppress?

Yes, multiple pieces of evidence can be challenged in a single motion to suppress if they were all obtained in a manner that violated the defendant's rights. The motion will need to address each piece of evidence individually and explain how each was obtained unlawfully.

How does the burden of proof work in a motion to suppress hearing?

In a motion to suppress hearing, the burden of proof typically falls on the defendant to show that the evidence was obtained in violation of their rights. However, once the defense raises a credible claim of illegality, the burden may shift to the prosecution to justify the evidence's admissibility.

Can a motion to suppress be filed after a trial has begun?

While motions to suppress are usually filed before the trial begins, in some cases, they can be filed during the trial if new evidence comes to light that was not previously known or if circumstances change that warrant suppression.

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