What is a motion to suppress in criminal procedure?
A motion to suppress in criminal procedure is a request to the court to prevent evidence from being used against a defendant at trial. This type of motion typically arises when prosecutors have obtained evidence through police misconduct or when the defendant’s Constitutional rights have been violated. In Delaware, a motion to suppress can include illegally obtained evidence, evidence obtained through a search that violated the Fourth Amendment right against unreasonable searches and seizures, and evidence that was obtained in violation of the defendant’sFifth Amendment right to remain silent. For the motion to be successful, the defense must demonstrate that the police violated the defendant’s rights or acted improperly. If the court agrees, the evidence obtained will not be used at the trial and the criminal charges may be dropped if the suppressed evidence is crucial to the prosecution’s case.
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