In the labyrinth world of criminal law, every detail and nuance matters. One powerful tool that defense attorneys wield to protect their clients’ rights is the motion to suppress. This legal mechanism holds the potential to impact the outcome of a case significantly. In this blog post, we’ll delve into what a motion to suppress is, its function, intent, and how it protects constitutional rights in a criminal case.

What is a Motion to Suppress?

A motion to suppress, also called a “suppression motion,” is a legal request made by the defense in a criminal case. The motion seeks to exclude certain evidence from being introduced in court, primarily due to its alleged unlawful acquisition or violation of the defendant’s constitutional rights. The evidence in question could be anything from physical objects, documents, statements, or even the defendant’s own confession.

The heart of a suppression motion lies in its contention that the evidence was obtained through unconstitutional means, rendering it inadmissible in court. If defense counsel files a motion to suppress, it is likely the court would conduct an evidentiary hearing (read my blog post: Evidentiary Hearings: All You Need to Know) before rendering a determination on the suppression request.

Function of a Motion to Suppress

At its core, a suppression motion serves as a crucial safeguard against potential abuses by law enforcement and ensures that the defendant’s rights under the Fourth, Fifth, and Sixth Amendments of the U.S. Constitution are upheld. These rights encompass protection against unreasonable searches and seizures, the right to remain silent, and the right to legal counsel.

A successful motion to suppress triggers the “exclusionary rule,” prohibiting the illegally obtained evidence from being used against the defendant. However, as the Supreme Court explained, “[t]o trigger the exclusionary rule, police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system.” Herring v. United States, 129 S.Ct. 695 (2009).

Purpose of a Motion to Suppress

The purpose behind filing a suppression motion is rooted in protecting the defendant’s constitutional rights, maintaining the integrity of the criminal justice system, and ensuring a fair trial. By challenging evidence tainted by unconstitutional practices, defense attorneys attempt to level the playing field and prevent the prosecution from relying on illegally obtained evidence to secure a conviction.

motion to suppress
Photo by RDNE Stock project on Pexels.com

Preserving Constitutional Rights

Suppression motions serve as a powerful reminder that the Constitution applies to every individual, regardless of their circumstances. It reinforces the idea that evidence obtained through violations of a defendant’s rights should not be rewarded by its inclusion in court proceedings. This powerful reminder acts to:

a. Deter Unlawful Law Enforcement Practices: The mere possibility of a suppression motion encourages law enforcement to adhere strictly to legal procedures and respect citizens’ rights. This deterrent effect fosters a culture of accountability within law enforcement agencies and helps prevent future constitutional violations.

b. Ensure a Fair Trial: A fair trial is the bedrock of the criminal justice system. When evidence that could potentially sway the jury is tainted by unconstitutional practices, it risks tainting the entire trial process. Suppression motions help maintain the fairness and integrity of the trial by ensuring that the evidence presented is obtained legally and ethically.

Motions to suppress Protect Against Unlawful Search and Seizure

One of the primary reasons for filing a suppression motion is to challenge evidence collected through illegal searches and seizures. If law enforcement officials obtain evidence without a proper search warrant, consent, or probable cause, the evidence may be deemed inadmissible. This not only prevents evidence obtained in violation of the Fourth Amendment from influencing the outcome of the case but also serves as a deterrent to unlawful police conduct.

Motions to Suppress Safeguard the Right to Remain Silent

The right to remain silent is a cornerstone of criminal defense, preventing self-incrimination. If a defendant’s statements were obtained without a clear understanding of their Miranda rights, the defense can argue that these statements were involuntary and should be suppressed. This ensures that defendants are not coerced into confessing to crimes that they may not have committed.

Motions to Suppress Uphold the Right to Legal Counsel

A suppression motion can also address situations where a defendant’s Sixth Amendment right to legal counsel is violated. If law enforcement continues to question a suspect after they’ve requested an attorney, any evidence obtained during this period can be suppressed. This reinforces the importance of allowing individuals to consult with their legal representatives before further interactions with law enforcement.

My Final Thoughts

In the intricate realm of criminal law, a motion to suppress serves as a guardian of justice, standing firm against the encroachment of unconstitutional practices and safeguarding the rights of the accused. By excluding evidence acquired through unlawful means, this legal maneuver ensures that the trial remains a true search for the truth rather than the mere product of legal loopholes. As defense attorneys wield the suppression motion as a shield, the intent remains clear: to uphold the sanctity of the Constitution and the principles upon which the criminal justice system is built.

Our book, The Colossal Book of Criminal Citations, contains sections including: Confessions, Exclusionary Rule, Miranda Rights, Probable Cause, Right to Counsel, Self-Incrimination and Warrantless Searches. Readers will discover the Constitutional topics necessary to support their arguments for when a suppression motion should be filed. Our books are in stock and ready for immediate shipping. Order your copy today or on behalf of someone incarcerated. Our books are softcover and institution friendly.