!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Motion To Suppress

Read a random definition: physical harm

A quick definition of Motion To Suppress:

A motion to suppress is a request made by a person accused of a crime to exclude certain evidence from their trial. This is based on the exclusionary rule, which means that evidence obtained in violation of a person's constitutional rights cannot be used against them in court. For example, if the police obtained a confession from someone without properly informing them of their rights, the defendant could file a motion to suppress that confession. This means that the confession would not be allowed as evidence in the trial.

A more thorough explanation:

A motion to suppress is a legal request made by a defendant in a criminal trial to exclude certain evidence from the trial. The basis for the exclusion must be in the U.S. Constitution, a state constitution, or some specific statute that permits such evidence to be excluded.

The exclusionary rule, which is 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 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.

Another example is where a defendant requests the court to suppress evidence obtained through an illegal search of their home.

These examples illustrate how a motion to suppress can be used to protect a defendant's constitutional rights and ensure that evidence obtained through unlawful means is not used against them in court.

Motion To Strike | Motive

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.