Among the essential tools in every defense lawyer's arsenal is the Motion to Suppress. Through this motion, an attorney asks the court to exclude specific evidence from trial because it was obtained in violation of the defendant's constitutional rights. For more on the legal issues discussed here, see our Indiana criminal defense overview and How Does a Police Officer in Indiana Get a Search Warrant? guide.
When Should a Motion to Suppress be Used?
There are two primary reasons an attorney may file a Motion to Suppress. The first is strategic: the motion forces the State to present a significant portion of its case under oath, giving the defense an early look at the evidence and testimony it will face at trial. This approach carries some risk, however, as it also gives the State a dress rehearsal for trial, which can work against the defense. Second, if the attorney believes the motion has genuine merit, prevailing on it can turn the case decisively in the defense's favor. Next, we will look at the most common types of Motions to Suppress.
On What Grounds Do I File a Motion to Suppress?
1) Illegally Obtained Confession:
This is the Miranda motion, which involves the issue most often depicted on TV and in the movies: a suspect is arrested and the police read them their rights—the right to remain silent, the right to an attorney, and the warning that anything they say can be used against them. These are known as Miranda rights. If a suspect is in police custody (meaning they are not free to leave) and officers intend to ask questions that may incriminate them, the Miranda warnings must be read before questioning begins. These warnings must include the right to remain silent, the right to an attorney at any time, and the right to terminate questioning at any time. The suspect must clearly understand these rights and clearly waive them before any questioning can proceed.
Whether a defendant truly understood their rights can become an issue when, for example, English is not their first language or they were too intoxicated to comprehend what they were waiving. The next question is whether the suspect invoked their rights. Suspects sometimes ask numerous questions about remaining silent or having an attorney, and exactly what was said—and how it was said—can make all the difference in whether a court will suppress the evidence. If there is any question about the legality of the questioning, a Motion to Suppress is the appropriate tool to ask the court to throw the statement out.
2) Illegal Search
The other major area that leads to a Motion to Suppress is the search and seizure of a person's property for evidence. There are numerous issues to analyze in this arena. Did the officer have the right to conduct a pat-down search or search the vehicle during a stop? Did the officer have the requisite probable cause to obtain the search warrant that led to the seizure of evidence? Was the search warrant properly executed? Were the items searched within the scope of the warrant? The list of possible issues arising from a search of someone's person, property, or home goes on and on. If the police failed to follow proper procedure or violated the Constitution in executing a search, the proper avenue is to file a Motion to Suppress. If the court grants the motion, the seized evidence will be barred from use at trial.
3) Arrest
One last issue frequently litigated is whether the stop or arrest of a defendant was lawful. This arises most often in the context of traffic stops. Was an infraction actually committed? Did the police hold the suspect for an unreasonable amount of time, extending the stop just to investigate other possible crimes? Did the police have probable cause when they arrested the suspect? Again, if any of these issues are present, a Motion to Suppress can be used to seek a ruling that the police action was unlawful. If granted, this type of suppression is often fatal to the State's case and results in a dismissal.
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The foregoing are the most common reasons a Motion to Suppress is filed, though there are other situations in which a defense attorney may use this motion as a tool in a criminal case. If you have questions about the possibility of suppressing evidence in your case, you should seek the advice and counsel of an experienced criminal defense attorney.
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Written by
Moawia K. AlMahareeq