What is a motion to suppress in criminal procedure?

A motion to suppress in criminal procedure is when a defendant requests that evidence be excluded from consideration in a criminal case. This motion is based on the idea that the evidence was obtained illegally or that the defendant’s constitutional rights were violated in the process of obtaining the evidence. In Arizona, a criminal defendant may move to suppress any illegally obtained evidence, which includes evidence obtained through illegal search and seizure, evidence obtained under false pretenses or evidence obtained otherwise in violation of his or her constitutional rights. A defendant must make the motion to suppress in writing and provide legal arguments as to why the evidence should be excluded. The defendant must also include copies of relevant record, such as police reports and transcripts, as well as any affidavits or other evidence that might be relevant to the claim. The state will then have an opportunity to respond with evidence of their own. The judge will then decide whether the motion is granted or denied. If the motion is granted, the evidence is excluded from the criminal case. On the other hand, if the motion is denied, the evidence may still be used in the case. It is important to note that motions to suppress typically only arise in criminal trials and are intended to protect a criminal defendant’s rights.

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What is a motion to suppress in criminal procedure?

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