Suppress Arrest For Theft
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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
An example of a motion to suppress evidence might involve a traffic stop where law enforcement lacked probable cause to search a vehicle. A defendant can argue that any evidence discovered during that illegal search should be suppressed. Such a move can be essential for individuals aiming to suppress arrest for theft.
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.
(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) ...
In order to succeed on a motion to suppress, your attorney must present sufficient factual information and apply specific laws to those facts to convince the judge that the evidence is illegal. Law presented in these motions can include case law, state or federal rules, or often, the Constitution of the United States.
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.
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.