Motion to Suppress
A motion to suppress in Florida is a legal request made by the defense in a criminal case to exclude certain evidence from being presented at trial. This motion is typically based on the argument that the evidence was obtained in violation of the defendant's constitutional rights, and its admission would be unfair or unlawful.
Table of Contents
Fourth Amendment Violations
Fourth Amendment ViolationsMiranda Rights ViolationsProbable Cause IssuesViolation of the Exclusionary Rule
Violation of the Exclusionary RuleInvalid Search WarrantFourth Amendment Violations
If the evidence was obtained through an unreasonable search or seizure, in violation of the Fourth Amendment of the U.S. Constitution, the defense may file a motion to suppress.
Miranda Rights Violations
If the defendant's Miranda rights were not properly read or if there were issues with the custodial interrogation process, the defense may seek to suppress the defendant's statements.
Probable Cause Issues
If law enforcement lacked sufficient probable cause to make an arrest or conduct a search, the defense may argue that the evidence obtained as a result should be suppressed.
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Violation of the Exclusionary Rule
The exclusionary rule prohibits the use of evidence that was obtained in violation of a defendant's constitutional rights. A motion to suppress may be filed if the evidence falls under this category.
Invalid Search Warrant
If a search warrant was obtained improperly or if its execution was flawed, the defense may seek to suppress evidence obtained through that warrant.
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The process of filing a motion to suppress involves presenting legal arguments and evidence to the court. It may require a hearing where both the prosecution and defense can present their case. If the court grants the motion to suppress, the evidence in question may be excluded from the trial, which can significantly impact the prosecution's case.
If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at 386-846-6043. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.