Andrew H. Stevenson, Attorney At Law
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February 2015 Archives

The Process of a Motion to Suppress

Before filing a Motion to Suppress, it is important that I get all of the facts. In particular, I focus on the interactions between the police and my client. Sometimes, the smallest details can make a difference between a stop being legal and illegal. Once the facts are gathered, I must make a decision about whether or not the police violated my client's rights. Usually, some legal research is needed to insure a proper legal foundation for the claim. I then combine the facts and law into a written motion which is filed with the court.

What is a Motion to Suppress?

A Motion to Suppress is a formal, written request to a judge to exclude or suppress certain evidence from trial. The most common reason for filing a Motion to Suppress is because law enforcement violated a client's constitutional or statutory right. The three most common constitutional violations that lead to the filing of a Motion to Suppress are: (1) the police failed to read Miranda warnings before custodial questioning, (2) the police searched a house or vehicle without a warrant, and (3) the police improperly stopped a motorist. (The process of a Motion to Suppress is explained in a separate blog.)

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