Motion To Suppress Statement With Example
Description
How to fill out Defendant's Motion For Protective Order And Response To Plaintiff's Motion To Compel?
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FAQ
(b) A motion to suppress may be made for the first time during trial when the State has failed to notify the defendant's counsel or, if he has none, the defendant, sooner than 20 working days before trial, of its intention to use the evidence, and the evidence is: (1) Evidence of a statement made by a defendant; (2) ...
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. United States v.
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.
The trial court granted the juvenile defendant's motion to suppress evidence as fruit of an unreasonable search and seizure. Retrieved from Wikipedia CC BY-SA 3.0. Source URL: v.
For example, a woman involved in a car crash has her blood drawn (with a warrant) to see if she was intoxicated while driving. But the police mislabel or mix up the blood evidence with others at the lab. This evidence may be suppressed because the chain of custody was improper.