Whether you’ve been charged with a DWI, drug crime, or another offense, a motion to suppress is a powerful tool that can substantially weaken the prosecution’s case against you. Specifically, a motion to suppress is a legal request to the court to exclude evidence obtained unlawfully. If the motion is granted, the incriminating evidence will not be allowed to be presented at trial. In many cases, this can leave the prosecution without the necessary proof to proceed, possibly leading to reduced charges or even dismissal.

What Does It Mean When Evidence is Suppressed?

When evidence in a criminal case is suppressed, it cannot be used at trial. As a result, a jury would not be permitted to consider it when rendering a verdict. If the evidence is essential to the prosecution’s case, such as breath test results in a DWI or items recovered during a search in a drug case, the prosecution’s position can be significantly undermined.

How is Evidence Suppressed?

In order to get evidence suppressed, a defendant must file a formal, pretrial written motion specifying the legal grounds upon which the evidence should be excluded. The prosecution will respond to the motion, typically arguing that the evidence was obtained legally. The court will determine whether a suppression hearing should be scheduled.

There are several types of pretrial hearings that can be held, depending on the type of evidence being challenged. Some of the most common include:

• Mapp hearings: These hearings challenge the legality of a search and seizure to determine whether the police unlawfully obtained physical evidence. If the search was unlawful, any evidence seized may be suppressed.
• Dunaway hearings: A Dunaway hearing determines whether the police had probable cause to make the arrest. If the court determines they did not, any evidence obtained after the arrest would be excluded from trial.
• Huntley hearings: The purpose of a Huntley hearing is to determine whether statements made to the police were voluntary or in violation of the defendant’s Miranda rights.
• Wade hearings: At a Wade hearing, the judge would determine whether the police identification procedures were unduly suggestive or unfair.

While the defendant has the initial burden of showing their rights were violated, the burden of proof then shifts to the prosecution to show that law enforcement’s conduct was lawful. Notably, these hearings do not occur before a jury — the judge determines whether the evidence should be suppressed or admitted at trial for the jury to consider.

When Can Evidence Be Suppressed in a Criminal Case?

Evidence is often suppressed because it was obtained illegally or in violation of the defendant’s Constitutional rights. Common scenarios where evidence may be suppressed can include the following:

• Fourth Amendment violations: If physical evidence was obtained without a warrant, consent, or an exception to the warrant requirement, it may be excluded from trial.
• Fifth Amendment violations: Any confessions obtained through coercion or statements obtained in violation of a defendant’s Miranda rights may be suppressed.
• Improper identification procedures: Suggestive photo arrays, lineups, or showups that create a substantial likelihood of misidentification may be excluded.
• Broken chain of custody: Evidence that cannot be properly accounted for from the time of seizure to its presentation in court may be deemed unreliable and suppressed.
• Illegal stop: Evidence obtained during a traffic stop conducted without reasonable suspicion or probable cause may be excluded under the “fruit of the poisonous tree” doctrine.

When key evidence is suppressed, it can dramatically alter the course of a criminal case. It’s crucial to have the representation of a knowledgeable criminal defense attorney who can identify potential Constitutional violations and improper police procedures. A skilled attorney can challenge unlawfully obtained evidence to strategically protect your rights and fight for the best possible outcome in your case.

Contact an Experienced New York Criminal Defense Attorney

If you’ve been accused of a crime, it’s vital to have an experienced attorney by your side who knows how to mount a solid defense. Offering trusted counsel and aggressive representation, the criminal defense attorneys at D’Emilia Law work to achieve positive results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.