Thank you for asking me “What is a Motion to Suppress Evidence?”
A motion to suppress is a formal, written request that a judge enter an order excluding certain evidence from being admitting at trial.
Motions to Suppress are based upon “The Exclusionary Rule”, which prevents the government from using illegally gathered evidence. This occurs when evidence is obtained in violation of any of your constitutional rights.
Evidence is typically suppressed due to 1) a 4 Amendment violation for an Unlawful Search and Seizure, 2) a 5 Amendment violation for Failure to Read you Miranda Rights, 3) a 6 Amendment violation for impeding your right to counsel or for 4) procedural Chain of Custody Errors.
An example of 4 Amendment violation is that the cops force you out of your car and search it without a warrant; An example of a 5th Amendment violation is that the cops take you into custody and interrogate you without reading you Mirnada; An example of a 6th Amendment violation is that the cops continue to question you after you’ve invoked your right to counsel; and an example of a chain of custody violation is where evidence is mislabeled, contaminated or not properly documented.
Motions to suppress are case specific – meaning that they will depend entirely upon the specific facts and circumstances of your case – and there are many exceptions and allowances afforded to the cops.
Make sure that you discuss this fully with your lawyer beforehand.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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