What is a motion to suppress in criminal procedure?

A motion to suppress is a legal motion used in criminal procedure in Montana. It is used by a defendant to prevent certain types of evidence from being used against them in a criminal case. For example, the defendant can argue that the police violated their fourth amendment rights when searching for or seizing evidence. A motion to suppress can also be used when the defendant believes that their voluntary statement was made without a valid Miranda warning. In this instance, the defendant believes that their statement should be excluded from the case due to the fact that they did not have the required knowledge of their Miranda rights. In addition, a motion to suppress can be used if the defendant believes that their statement or certain evidence that was obtained should not be allowed because it was illegally obtained. For example, if the police obtained a statement or evidence without a valid search warrant or probable cause to do so, the defendant can file a motion to suppress. In order for the motion to succeed, the defendant must prove to the court that the evidence or statement was obtained unlawfully. Once the motion is filed, the court must determine if the evidence was obtained legally and whether or not it should be allowed as evidence in the criminal case. If the court finds that the evidence was obtained unlawfully, it will be excluded and not allowed as evidence in the trial.

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What is a motion to suppress in criminal procedure?

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