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
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.
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.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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