Anaya Nolan
A motion to suppress is a request made by a criminal defendant to exclude certain evidence from a trial, usually on the grounds that it was obtained improperly or in violation of their constitutional rights. The Fourth Amendment, for example, protects citizens from unlawful searches and seizures, and any evidence obtained in this way can be challenged and excluded from trial. Motions to suppress evidence are based on case law and constitutional grounds, and the burden of proof rests on the moving party to prove the need to suppress the evidence. This means that the defence must persuade the court that the value of the evidence is outweighed by the potential prejudice caused by its introduction.
| Characteristics | Values |
|---|---|
| What is it? | A motion that revolves around the exclusion of evidence from a trial. |
| Who can make it? | A criminal defendant or their attorney. |
| When to make it? | In advance of a criminal trial and promptly after the error or irregularity is noted. |
| Why make it? | To exclude certain evidence from the trial, such as illegally obtained evidence, or evidence obtained through coerced confessions, warrantless searches, or violations of other constitutional rights. |
| How to make it? | By citing the relevant case law and evidence to support the motion. |
| Examples | Motion to suppress statements made over the course of the arrest and booking process, incriminating items found during an inventory search, or breath test evidence and field sobriety tests. |
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What You'll Learn
Illegally obtained evidence
In the United States, a motion to suppress is a request made by a criminal defendant before a criminal trial, asking the court to exclude certain evidence from the trial. This request is typically supported by case law and the United States Constitution. The basis for exclusion must be in the U.S. Constitution, a state constitution, or a specific statute that permits such evidence to be excluded.
The concept of a motion to suppress is based on the "exclusionary rule", which is grounded in the Fourth Amendment. This rule excludes from trial evidence obtained in violation of a defendant's constitutional rights and protects citizens from unlawful searches and seizures. For example, in Simmons v. United States, the Supreme Court explained that defendants in federal prosecutions have the right to exclude from trial evidence that was secured through an unlawful search and seizure.
A motion to suppress evidence is generally based on constitutional grounds, citing that the evidence, though relevant, was obtained improperly. This can include evidence obtained in violation of a defendant's Fourth, Fifth, and Sixth Amendment protections. For instance, if an officer fails to provide Miranda warnings during an arrest and the defendant makes statements that the prosecution uses against them, a motion to suppress would argue a violation of the defendant's Fifth Amendment rights.
The "chain of custody" is also important in considering the admissibility of evidence. If the chain of custody is broken, the evidence may be deemed inadmissible as it lacks credibility. For example, if the police mislabel or mix up blood evidence collected from a woman involved in a car crash, this evidence can be suppressed as the chain of custody was improper. However, a court may rule evidence admissible if an independent source, separate from the officer who illegally seized the evidence, provides the same information.
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The Fourth Amendment
For example, in the landmark case of Terry v. Ohio, the accused was charged with carrying a concealed weapon after it was found on him during a "stop and frisk" search by a law enforcement officer. The accused moved to suppress the weapon as evidence, arguing that the search lacked probable cause and violated his Fourth Amendment rights. The Supreme Court ruled in favor of the accused, establishing that a limited search for weapons, known as a "Terry stop," can be conducted if an officer has reasonable suspicion. However, any evidence discovered during an unconstitutional search can be suppressed.
In another case, Simmons v. United States, the Supreme Court explained that "in order to effectuate the Fourth Amendment's guarantee of freedom from unreasonable searches and seizures, this Court long ago conferred upon defendants in federal prosecutions the right, upon motion and proof, to have excluded from trial evidence which had been secured by means of an unlawful search and seizure." This means that if a defendant can prove that evidence was obtained through an unlawful search or seizure, they have the right to have that evidence excluded from their trial.
When filing a motion to suppress, it is important to identify the relevant case law and constitutional provisions that support the motion. This may include citing the Fourth Amendment and relevant case law that interprets and applies this amendment, such as Terry v. Ohio and Simmons v. United States. By demonstrating that the search or seizure violated the Fourth Amendment and citing relevant case law, defendants can make a strong argument for excluding illegally obtained evidence from their trial.
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Confessions obtained through Miranda violations
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody, advising them of their right to silence and their right to refuse to answer questions or provide information to law enforcement. Named for the U.S. Supreme Court's 1966 decision in Miranda v. Arizona, these rights are often referred to as Miranda rights.
In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel. Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not ordinarily use that person's statements as evidence against them in a criminal trial.
However, there are exceptions to Miranda, including the routine booking questions exception, the jailhouse informant exception, and the public safety exception. Confessions obtained in violation of Miranda may not be introduced against the accused at trial to establish guilt, but they may be used for other purposes, such as impeachment. For example, in Oregon v. Hass, the Court permitted the use of a statement made by the defendant after police had ignored their request for counsel following a Miranda warning.
A motion to suppress is a request made by a criminal defendant before a criminal trial, asking the court to exclude certain evidence from the trial on the basis that it was obtained in violation of the defendant's constitutional rights. In the context of Miranda violations, a motion to suppress can be used to exclude confessions or other incriminating statements obtained without the proper Miranda warnings. The moving party must persuade the court that the value of the evidence is outweighed by the prejudice caused by its introduction.
In summary, confessions obtained through Miranda violations may be excluded from trial through a motion to suppress. The moving party must demonstrate that the confession was obtained without the proper Miranda warnings and that the prejudice caused by introducing the evidence outweighs its value.
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Expert witnesses
A motion to suppress is a request made by a criminal defendant before a criminal trial asking the court to exclude certain evidence from the trial. The basis for the exclusion must be in the U.S. Constitution, a state constitution, or a specific statute that permits such evidence to be excluded. Motions to suppress evidence are generally based on constitutional grounds, citing that the evidence, though relevant, was obtained improperly.
The Supreme Court has clarified that courts should apply Rule 702 to exclude unreliable or unhelpful expert testimony. If the Government cannot explain how a witness's experience led to their conclusions, why it was a sufficient basis for their opinions, and how it was reliably applied to the facts of the case, the expert's testimony is not reliable and must be excluded from trial.
Additionally, Rule 703 states that an expert can form an opinion based on facts or data presented in the case that they are aware of or have personally observed. These facts or data do not need to be admissible for the opinion to be accepted, as long as they are the type that experts in the field would reasonably rely on.
It is important to note that the burden of proof rests on the moving party to prove the need to suppress the expert. This means that they must persuade the court that the value of the expert's testimony is outweighed by the potential prejudice caused by its introduction.
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Depositions
In the United States, a motion to suppress is a request made by a criminal defendant before a criminal trial asking the court to exclude certain evidence from the trial. This is usually done on the grounds that the evidence was obtained in violation of the defendant's constitutional rights, such as through an unlawful search or seizure.
Firstly, a motion to suppress can be filed to exclude a deposition from being used as evidence in the trial. This could be because the deposition was obtained through improper means or because its use would cause prejudice that outweighs its value. For example, if a witness's deposition was taken without their full understanding or consent, or if an expert's deposition was based on unreliable or flawed methodologies, a motion to suppress may be filed to exclude it from the trial.
Secondly, depositions can also be used as evidence in support of a motion to suppress. For instance, if a defendant is arguing that evidence was obtained through an unlawful search, they may submit depositions from witnesses who were present during the search to testify about the lack of a warrant or consent. These depositions would provide firsthand accounts to support the motion to suppress.
Additionally, depositions can play a role in the strategic considerations surrounding a motion to suppress. The defense may choose to take depositions from key individuals, such as law enforcement officers involved in gathering the disputed evidence, to assess the strength of their case and the likelihood of a successful motion to suppress.
It is important to note that the burden of proof rests on the moving party, which is usually the defense, to persuade the court that the deposition should be excluded. This involves demonstrating that the potential prejudice caused by the inclusion of the deposition outweighs its evidentiary value. Therefore, depositions can be a crucial factor in the court's decision-making process regarding a motion to suppress.
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Frequently asked questions
A motion to suppress is a request made by a criminal defendant before a criminal trial to exclude certain evidence from the trial. The basis for exclusion must be in the U.S. Constitution, a state constitution, or a specific statute that permits such evidence to be excluded.
Evidence can be suppressed on several grounds, including:
- The evidence was obtained through an unreasonable search conducted without a warrant.
- The police obtained evidence in violation of the defendant's right to a lawyer.
- There is a gap in the chain of custody of the evidence.
- The evidence was obtained through a Miranda violation, such as failing to inform the defendant of their Miranda rights.
The concept of a motion to suppress is based on the "exclusionary rule," which is grounded in the Fourth Amendment to the U.S. Constitution. The exclusionary rule excludes from trial any evidence obtained in violation of a defendant's constitutional rights, including the right to be free from unreasonable searches and seizures.
The process for filing a motion to suppress may vary by jurisdiction. In some states, like Massachusetts, the defendant or defense counsel must file the motion promptly after the error or irregularity is noted, stating the grounds on which it is based. An affidavit must also be filed, listing the facts supporting the motion, and it must be signed by the defendant. It is recommended to consult with an experienced attorney who can help prepare and file the motion.
