We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

In Law, what is a Motion to Suppress?

Mary McMahon
By
Updated: May 17, 2024
Views: 10,186
Share

A motion to suppress is a request that evidence not be presented at trial because an attorney has reason to believe that the evidence was unlawfully obtained or that it cannot be legally presented due to restrictions in the law. Motions to suppress are generally filed as part of the pretrial motions. A judge determines whether or not to grant the motion, depending on the supporting materials presented, either admitting the evidence or agreeing that it should be excluded.

Attorneys may file motions to suppress for as much evidence as possible, even if they think it's probable that the evidence will be admitted anyway. It may be worth taking a chance to get particularly problematic evidence excluded, and the motions will remain on the record even if the evidence is admitted, which can be useful when filing an appeal or challenging the outcome of a trial. In this case, the lawyer may argue that the motion to suppress was unreasonably denied and that the evidence tainted the outcome of the trial.

One common reason to file a motion to suppress is the belief that the evidence was unlawfully obtained. Many nations have specific rules about how evidence can be collected, when law enforcement can make traffic stops, and so forth. If these rules are violated, the evidence obtained may not be allowable. For example, in the United States there are protections against search and seizure which can be used to try and strike evidence obtained in ways which are not legal.

If a lawyer believes that the actions used to collect evidence cannot be justified under the law, a motion to suppress can be filed. This is one reason why law enforcement officers are very careful about documenting every action they take and why so that their actions will hold up in court and the evidence they collect will be admitted. Documentation often includes video recordings of interactions with the public so that there can be no dispute about what happened and when during interviews, traffic stops, and other interactions.

The motion to suppress is a formal written document which discusses the evidence in question and the reasons that the lawyer is requesting exclusion. Typically both sides in a case present motions before the start of trial. The judge may potentially ask the lawyers for a meeting to discuss particular motions which seem to require more clarification or consultation. Pretrial motions from the defense may also include a request to dismiss the trial altogether, although these motions are rarely granted.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wisegeek.net/in-law-what-is-a-motion-to-suppress.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.