Idaho Defendant's Motion to Suppress Pictures of R.W.
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How to fill out Defendant's Motion To Suppress Pictures Of R.W.?
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FAQ
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.
The legal term for your right to know about this evidence is ?disclosure.? Under the law, the Crown prosecutor must give you a copy of all the relevant evidence against you before the date of your trial. Relevant evidence means anything that you could use to defend yourself.
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.
It can also be authenticated with evidence of ?distinctive characteristics and the like,? which include ?the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.?
The video footage evidence is considered real evidence and so cannot be said to "hearsay". Excessive editing of a video tape may have created sufficient distortions that would render a video tape inadmissible on the basis of lack of authenticity and reliability.
A motion to suppress evidence must describe the evidence sought to be suppressed and the legal basis for its suppression sufficiently to give the opposing party reasonable notice of the issues.
Physical evidence is generally much more reliable than testimonial evidence.
One way to do this is to file a motion to suppress evidence. This can be an extremely useful strategy in your criminal defense. However, you cannot expect to successfully file these motions on your own. You will need the help of an experienced criminal defense attorney.