Title: How to Suppress Evidence - FindLaw
Headings: How to Suppress Evidence
How to Suppress Evidence
The Exclusionary Rule
FindLaw Newsletters
Stay up-to-date with how the law affects your life
Reasons a Court May Suppress Evidence
Exceptions to the Exclusionary Rule
Get Help With Evidence Suppression From a Skilled Defense Attorney

Content: 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. An officer generally must obtain a valid search warrant and follow proper procedures for a piece of evidence to be admissible at trial. The rule may also be triggered by police violations of the Fifth or Sixth Amendment. Additionally, the “ fruit of the poisonous tree ” doctrine holds that otherwise admissible evidence, testimony, or even confessions may be excluded from trial if they resulted from an illegal search or some other constitutional violation. For example, a suspect is arrested and tells police where to find the gun used to commit the crime. But if he wasn't read his Miranda Rights or police ignored his pleas to speak to his lawyer, the gun may later be deemed inadmissible in court.