criminal procedure · procedure
A suppression motion is a request made to a court to exclude certain evidence from being presented at trial. This is typically invoked when the evidence was obtained through illegal search and seizure or violations of a defendant's rights under the Fourth Amendment or other related laws.
Evidence must have been obtained through a search or seizure that violates constitutional protections.
What to prove: It must be shown that the search or seizure lacked probable cause or a warrant, or that an exception to the warrant requirement does not apply.
The defendant must have standing to contest the search or seizure that led to the evidence.
What to prove: It must be established that the defendant had a reasonable expectation of privacy in the area searched or the item seized.
The evidence sought to be suppressed is a direct result of the illegal conduct.
What to prove: It must be demonstrated that the evidence was obtained as a consequence of the initial illegality and would not have been discovered but for that violation.
The defendant bears the burden to prove the suppression motion by a preponderance of the evidence.
Suppression motions are often tested in exams through hypothetical fact patterns involving police stops or searches; focus on identifying constitutional violations.