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A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge. In a criminal trial in Alabama , the prosecution must prove the charge beyond a reasonable doubt.
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.
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.
Any statement that [John Doe] made in direct response to the officer's question about the drug allegation three and half hours after the police arrived must be suppressed because [John Doe] did not make a valid waiver of his Miranda rights.
A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial.