Motion to Suppress

This motion is typically based on the argument that the evidence was obtained in violation of the defendant's constitutional rights, and its admission would be unfair or unlawful.

Common grounds for filing a motion to suppress in Florida include:

Fourth Amendment Violations: If the evidence was obtained through an unreasonable search or seizure, in violation of the Fourth Amendment of the U.S. Constitution, the defense may file a motion to suppress.

Miranda Rights Violations: If the defendant's Miranda rights were not properly read or if there were issues with the custodial interrogation process, the defense may seek to suppress the defendant's statements.

Probable Cause Issues: If law enforcement lacked sufficient probable cause to make an arrest or conduct a search, the defense may argue that the evidence obtained as a result should be suppressed.

Violation of the Exclusionary Rule: The exclusionary rule prohibits the use of evidence that was obtained in violation of a defendant's constitutional rights. A motion to suppress may be filed if the evidence falls under this category.

Invalid Search Warrant: If a search warrant was obtained improperly or if its execution was flawed, the defense may seek to suppress evidence obtained through that warrant.

The process of filing a motion to suppress involves presenting legal arguments and evidence to the court. It may require a hearing where both the prosecution and defense can present their case. If the court grants the motion to suppress, the evidence in question may be excluded from the trial, which can significantly impact the prosecution's case.

If you have questions about a motion to suppress, contact Howeller Law P.L.L.C. today.  Consultations are always free.