Title: How to Suppress Evidence - FindLaw
Headings: How to Suppress Evidence
How to Suppress Evidence
The Exclusionary Rule
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Content: How to Suppress Evidence - FindLaw
How to Suppress Evidence
Created by FindLaw's team of legal writers and editors | Last updated March 15, 2019
If you've been charged with a crime but have doubts about a key piece of evidence, you may be able to get it thrown out at trial. Your guilt or innocence isn't the issue here, but rather the admissibility of police evidence. An experienced defense attorney knows how to suppress evidence that is collected illegally or which is otherwise inadmissible. But in order to have evidence thrown out, no matter how illegitimate you think it is, you must first file a motion to suppress evidence with the court. A judge will then make a ruling on the admissibility of the evidence. Evidence used in a criminal case must be both “relevant” and “competent,” meaning it needs to be directly related to the charges and collected/handled in accordance with the law. Knowing how to suppress evidence in a legal proceeding is an important step in any criminal defense. The Exclusionary Rule
The exclusionary rule prevents the government from using most evidence gathered illegally. It usually comes into play when evidence is obtained in violation of a suspect’s Fourth Amendment rights against unlawful search and seizure. For example, a murder weapon can't be used at trial if police illegally searched a defendant’s home to recover it.