What is a motion to suppress in criminal procedure?
A motion to suppress is a legal action taken in criminal procedure in Idaho in which the defense counsel requests the court to ignore or discard certain evidence during the trial. This could be any evidence that was obtained in an unlawful manner, or a violation of the defendant’s rights. It could also be evidence that is too prejudicial to be admitted. When a motion to suppress is filed, the defendant usually has to prove that the evidence was obtained illegally, or that their rights were violated by law enforcement. In order to do this, a hearing will be held where the defense counsel will present their arguments, and the state will present opposing arguments. The court will listen to the arguments and decide if the evidence should be excluded from the trial. If the court finds that the evidence was obtained in an illegal manner, or that the defendant’s rights were violated, then the evidence will be excluded and the defendant will not face any penalty or punishment due to it. If the court decides that the evidence is admissible, then it can be used in the trial. In Idaho, any criminal defendant has the right to file a motion to suppress evidence, and the court has the responsibility of determining whether or not the evidence should be excluded. This can be an important tool for a criminal defense attorney, as it can help the defendant protect their rights during the trial.
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