Title: How does evidence get suppressed | Barnes Law Firm
Headings: How Does Evidence Get Suppressed?
How Does Evidence Get Suppressed?
Motions to Suppress
The Importance of Evidence Suppression
Common Reasons to Suppress Evidence
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Content: The prosecution can respond to your motion to suppress with their own arguments in favor of the evidence. In some cases, the court will hold a motion hearing during which both parties will argue their case. The judge will then rule on whether the evidence should be suppressed or not. The Importance of Evidence Suppression
Often, the suppression of the right evidence can lead a jury to acquit you at trial, or even to the dismissal of charges before a trial ever happens. A common example happens in drug-related cases. In order to convict you of drug possession, the prosecutor must usually prove that police found a controlled substance. They cannot simply tell the jury you had cocaine – instead, they should have the evidence tested and present test results as proof that the substance in question was cocaine. If police officers obtained the drugs unlawfully – which is more common than you may imagine – a defense attorney can file a motion to suppress the illegally-obtained drug evidence. If the motion is successful, the prosecutor can no longer use that drug evidence to prove that you possessed drugs. This is often the main piece of evidence in drug cases and without it, the prosecution usually knows it cannot prove the drug charges beyond a reasonable doubt.