Motion To Suppress Example
Description
How to fill out Defendant's Motion For Protective Order And Response To Plaintiff's Motion To Compel?
The Motion To Suppress Template exemplified on this page is a reusable formal document formulated by experienced attorneys in accordance with federal and state regulations.
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FAQ
Motions to Suppress Evidence - California Penal Code Section 1538.5. A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.
The standard of proof for a motion to suppress evidence is ?preponderance of the evidence.? This means that whatever side has the burden of proof must show that it is more likely than not their position is correct.
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 concept of a motion to suppress is based on the ?exclusionary rule.? The exclusionary rule, grounded in the Fourth Amendment, excludes from trial evidence obtained in violation of a defendant's constitutional rights and protects citizens from unlawful searches and seizures.
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.