Title: How A Motion To Supress Evidence Can Help Win A Criminal Case In California
Headings: How A Motion To Supress Evidence Can Help Win A Criminal Case
How A Motion To Supress Evidence Can Help Win A Criminal Case
Can Evidence Obtained Illegally Be Suppressed?
Who Has the Burden of Proof in a Motion to Suppress Hearing?
What Evidence Is Subject to Exclusion?
What Are The Grounds for Exclusion Of Evidence?
Illegal Search and Seizure
Defense Attorneys Will Attack Warrants Based On:
Are There Exceptions To The Requirement That Police Get A Warrant?
Are There Warrant Exceptions For Your Car?
What Other Grounds Can An Attorney File A Motion To Suppress Evidence?
Illegal Detention Leading To Invalid Arrest
Evidence Illegally Obtained Is Considered Fruit Of The Poisonous Tree
Are There Situations Where “Tainted” Evidence Is Allowed?
Violation of 5th Amendment–Involuntary confessions
Miranda Violations
What Happens at a Motion to Suppress Hearing?
When Are Motions to Suppress Evidence Filed?
Are Both Sides Able To Cross Exam At The Hearing On The Motion To Suppress?
Is Hearsay Evidence Admissable?
What Is Hearsay?
What Is The Legal Standard For The Motion?
What Happens After The Hearing?
What Happens If The Motion Is Not Granted?
Can The Ruling Be Appealed?
Final Thoughts
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Footnotes

Content: Evidence obtained in violation of the defendant’s rights cannot be used at a trial to determine the defendant’s guilt. It can be used for other purposes in these situations: Against any other person whose rights were not violated by the illegal search. If the government can show that the evidence would have been discovered inevitably and legally anyway. If the officers who conducted the search did so in good faith reasonable reliance on the validity of the warrant or statute even if is later declared unconstitutional. If the evidence was obtained at a later time and is now so attenuated or removed from the time of the initial illegal search so that suppression would no longer have a deterrent effect. To impeach the credibility of the defendant if he/she testifies at trial. In a collateral proceeding that does not judge the defendant’s guilt such as a preliminary hearing, sentencing hearing or parole revocation hearing. Who Has the Burden of Proof in a Motion to Suppress Hearing? A warrantless search is presumed illegal so that the prosecution has the burden of proving its legality.