Suppress Arrest For A Felony
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How to fill out Motion To Suppress Evidence When Property Was Seized As Result Of An Unlawful Search, Seizure, And Arrest?
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FAQ
Winning a motion to suppress requires clear evidence and strong legal reasoning. You must demonstrate that your rights were violated, thus making the arrest invalid. Collect all relevant facts and evidence that support your claim to suppress arrest for a felony. Presenting a well-structured argument can significantly enhance your chances.
A motion to suppress evidence asks the judge not to allow certain evidence to be used against you by the prosecutor in your criminal case. In criminal cases, the police and prosecutors are not allowed to use evidence against you that was illegally obtained.
A motion to suppress is a formal request to have certain pieces of evidence excluded from your criminal trial. There are two grounds for filing a motion to suppress, which can be found in Penal Code 15398.5 PC. Both involve unreasonable searches and violations of your Constitutional rights.
While in general, on a motion to suppress, the defendant has the burden of proving, by a preponderance of the evidence, that the material in question was seized in violation of his constitutional rights, there are several situations where the burden shifts to the government.
An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.
For instance, evidence seized pursuant to an unlawful arrest may be suppressed at trial, while a voluntary confession made after that arrest will not automatically be suppressed. But if the confession is too closely tied to the illegal arrest which may not be truly voluntary, it may be suppressed; see Wong Sun v.