Considerations in a Motion to Suppress Hearing

Frequently, when an individual is charged with a crime, he or she files a Motion to Suppress and asks for a suppression hearing. The purpose is to ask the court to rule that particular evidence cannot be used in determining an individual’s guilt or innocence. When evidence is suppressed, the prosecutor may not use the evidence and thus may reduce or withdraw the criminal charges.

Process after the motion as been filed

Following the criminal defendant’s motion to suppress, a hearing is held to review the evidence and determine how it was obtained. For instance, in a drug case for possession of controlled substances, the defense may argue that the evidence was improperly seized because:

• The evidence (the drugs) was seized without a warrant. To obtain a warrant, the U.S. Constitution’s Fourth Amendment requires that the police have probable cause to believe a crime has been committed, and requires a judge to sign and issue the warrant.
• The evidence was obtained through an unreasonable search and seizure. The U.S. Constitution’s Fourth Amendment requires that searches of “persons, houses, papers, and effects” be reasonable. “Reasonable” is a standard that generally favors the police.
• Incriminating statements were obtained in violation of the defendant’s Fifth Amendment rights. The Fifth Amendment protects defendants from having to testify against themselves – to give incriminating evidence or evidence that will result in a conviction when they are in police custody.
• There was a break in the chain of custody. Once the police take the drugs or evidence of a drug-related crime – such as needles, scales, and other drug paraphernalia – they must be able to verify who had control of the evidence and where the evidence was located, from the time of the seizure to the time of the hearing. If law enforcement cannot provide this verification, the judge can rule that the evidence should be dismissed

Further considerations in a motion to suppress hearing

Other grounds for suppressing evidence may apply. Some examples are:

• The defendant was not informed of the charges against him.
• The defendant was not read his Miranda rights. Suspects in custody have the right to be told they can have a lawyer represent them, that they can be silent, and that any statements they make can be used against them.
• A blood test that was taken to determine the type and quantity of drugs in the defendant’s body was not taken in a timely manner, or the machine that read the results was not properly validated.

The doctrine that Illegally obtained evidence should be excluded from the courtroom is called the Exclusionary Rule.

Being charged with any crime – whether drug-related or otherwise – is serious.  Depending on the charges, convictions can result in lengthy jail sentences, substantial fines, and being branded a felon or a convicted criminal with a record. Nashville criminal defense attorney Perry A. Craft aggressively fights for the person charged with a crime (sometimes called the “accused”) at each step of the case. If you have questions or need help, call the Law Office of Perry A. Craft at 615-953-3808 or fill out our contact form.