Georgia Defendant's Motion to Suppress Pictures of R.W.

State:
Multi-State
Control #:
US-00829
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion to suppress certain photographs considered to be prejudicial due to their gruesome nature, and arguing that they have no probative value to the jury. Adapt to fit your circumstances.
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How to fill out Defendant's Motion To Suppress Pictures Of R.W.?

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FAQ

Counsel should then announce that s/he will present evidence only to the extent necessary to prove the threshold fact, reserving further testimony for rebuttal. As a general matter, hearsay is admissible in suppression hearings.

A motion to suppress is a motion filed by a criminal defense attorney when he or she has reason to believe that evidence was illegally obtained through an unlawful search or seizure. The goal is to have the judge throw out evidence that the State plans to use against you.

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.

Some examples of evidence commonly suppressed include: Evidence obtained by an unreasonable search in violation of your Fourth Amendment rights. Evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of your Fourth Amendment rights.

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.

An example is when a person has been charged with a DUI, and their chemical test was mislabeled or mixed up with others at the lab. That is grounds for the evidence to be suppressed even if they were over the limit.

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.

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Georgia Defendant's Motion to Suppress Pictures of R.W.