If you’re facing criminal charges in New Jersey, one of the most important parts of the defense process is often a motion to suppress evidence. This legal maneuver can have a significant impact on the outcome of a case. In the best scenario, it can lead to dismissal or acquittal.
What Is a Motion to Suppress Evidence?
Not all pieces of evidence can be used in a trial. The United States Constitution protects anyone in the United States from unreasonable searches and seizures by law enforcement officers. If this protection is violated, the defendant’s attorney can file a motion to suppress any evidence obtained from that violation.
A motion to suppress asks to exclude specific evidence from being used during a criminal trial. The motion argues that the evidence was obtained in violation of the defendant’s constitutional rights. This type of motion is especially common regarding unlawful searches or seizures.
In a motion to suppress, the defense will request that the judge rule that the evidence should not be admissible in court. If the motion is successful, the prosecution may lose crucial pieces of evidence that would have been used to prove the defendant’s guilt, weakening their case. The dismissal of such evidence may result in a charge dismissal or reduction.
Why Motions to Suppress Are Critical in NJ Criminal Defense Cases
A successful motion to suppress can have a significant impact. For example, if key physical evidence like drugs, weapons, or contraband was seized unlawfully, excluding that illegally obtained evidence could result in the charges being dropped or reduced. Similarly, suppressing a confession that was coerced or made without legal counsel can also weaken the prosecution’s argument, often leading to a more favorable outcome for the defendant.
A motion to suppress protects the defendant’s rights and serves as a check on law enforcement practices. It helps police officers and other authorities follow the rules and procedures outlined in the Constitution, promoting fair and just legal practices.
Common Grounds for Filing a Motion to Suppress
There are several common grounds on which a defense attorney can file a motion to suppress evidence in New Jersey. These typically involve violations of the defendant’s constitutional rights during the investigation or arrest. Some of the most common reasons include:
- Illegal search and seizure – According to the Fourth Amendment, law enforcement must have a valid warrant or probable cause to search a person, vehicle, home, or property. Evidence obtained through an unlawful search, such as a search without a warrant or reasonable suspicion, may be inadmissible in court.
- Lack of probable cause – If a defendant was arrested without probable cause or a warrant, any evidence obtained as a result of that arrest could be subject to suppression. Probable cause is required for police officers to arrest or search a person or property. Without this justification, the arrest and any evidence obtained during or after it could be deemed unconstitutional.
- Miranda rights Violation – The Miranda rights, which include the right to remain silent and the right to an attorney, must be read to a suspect during an arrest if they are about to be interrogated. If law enforcement fails to provide these warnings before questioning the defendant, any statements or confessions made by the defendant may be suppressed.
- Involuntary confessions – If a defendant’s confession was obtained through coercion, threats, or promises of leniency, it could be suppressed. A confession must be voluntary and given without undue pressure or manipulation from law enforcement officers. Any confession obtained through unlawful means can be excluded from evidence.
- Search warrant violation – Even if a search warrant is issued, it has to be executed according to the law. For example, the warrant must describe a location and items to be searched and seized. If the police deviate from the warrant’s terms or conduct a search beyond what was authorized, any evidence obtained could be suppressed.
- Illegal detention or stop – If a defendant was detained or stopped by law enforcement without reasonable suspicion or probable cause, any evidence obtained as a result of the detention may be suppressed. Police must have a valid reason to stop or detain an individual. If this requirement is not met, the evidence obtained could be challenged and suppressed.
A skilled defense attorney will review the facts of the case and law enforcement’s actions to determine if there were any violations of the defendant’s rights and whether to file any appropriate motions.
What Happens at a Suppression Hearing?
Once a motion to suppress evidence is filed, the court will schedule a hearing. During this hearing, both the defense and the prosecution will present their arguments regarding whether the evidence in question is legal. The defense may argue that the evidence was obtained in violation of the defendant’s Constitutional rights, while the prosecution will attempt to show that the evidence was lawfully obtained.
During this hearing, the defense attorney will typically call witnesses. These may include the defendant, law enforcement officers, and experts. They usually testify about the circumstances surrounding the search, arrest, or seizure. The defense may argue that the police did not have probable cause, failed to follow proper procedures, or violated the defendant’s rights during questioning or detention. The prosecution may attempt to justify the search or seizure by showing that it was based on probable cause or that the defendant waived their rights.
After hearing both sides, the judge will rule on the motion to suppress. If the judge finds that the evidence was obtained unlawfully, they will grant the motion, and the evidence will be excluded from the trial. If the judge denies the motion, the evidence will remain admissible, and the case will proceed to trial.
Contact Our New Jersey Criminal Defense Attorneys to Learn More
If you are facing criminal charges in New Jersey, a motion to suppress can make a big difference in your case. However, most people facing charges don’t know how to file a motion to suppress evidence. Keith Oliver Criminal Law has extensive experience filing these motions in New Jersey criminal cases. Our skilled defense attorneys are dedicated to protecting your rights and fighting for your best possible outcome. Contact us today to learn how an experienced criminal defense attorney can help.
