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Blog · October 2, 2015

What are the Mechanics of a Motion to Suppress Evidence in Criminal Court? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      What are the mechanics of a motion to suppress evidence in criminal court? What are the chances of a judge denying the motion?
A:   Chosen as “Best Answer” by Asker on www.AVVO.com
Locally licensed lawyer

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Answered . A motion to suppress challenges the admissibility of evidence by claiming that it was unlawfully obtained.

The Defense files the motion (levying the challenge) and the burden of proof is on the State to demonstrate that the evidence was in fact lawfully seized / obtained by law enforcement.

Each motion to suppress is unique as it is necessarily based upon the unique set of facts and circumstances which predicated the seizure of the items which are sought to be suppressed.

Each motion must be analyzed in its own prism, but also in light of the totality of the circumstances and the law as it applies to the case.

How a hypothetical Judge will rule on a hypothetical motion is a pointless question.

All of that said, if you are a criminal defendant and believe that your rights may have been violated then talk to your lawyer, and only to your lawyer, in person (and not on the internet) about your case. If you are a student (as I suspect) who is trying to do your homework then hit Google (or your search engine of choice) and get some concrete sources which will give you good solid textbook answers.

Either way I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.



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