What is a motion to suppress in criminal procedure?
A motion to suppress is an important part of criminal procedure in Indiana. It is generally filed by an accused person in response to a criminal charge. This motion requests that the court suppress, or exclude, certain evidence from being used in court, such as statements or physical items obtained through an illegal search or seizure. When an accused person files this motion, the court will hold a hearing. During the hearing, both the defense and prosecution will present their arguments. The defense will attempt to demonstrate that the evidence obtained was acquired unlawfully and should, therefore, be excluded. The prosecution will argue why the evidence should be allowed. At the conclusion of the hearing, the court will decide whether or not the evidence may be used. If the judge finds that the evidence was obtained illegally, they will grant the motion to suppress and the evidence will not be allowed in court. If the motion is denied, the evidence will be allowed to be used against the accused in court. In conclusion, a motion to suppress is an important part of criminal procedure in Indiana. It is used when an accused person believes that the evidence gathered against them was obtained unlawfully. When a motion is filed, a hearing is held to determine whether the evidence should be allowed in court. If the motion is granted, the evidence is excluded. If it is denied, it can be used against the accused in court.
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