What is a motion to suppress in criminal procedure?
A motion to suppress is a legal request made by an accused person in criminal procedure in Nevada. It is a request made by an accused person to the court to suppress, or not allow, certain evidence to be used against them at their trial. The purpose of a motion to suppress is to keep out any illegally obtained or unlawfully obtained evidence that would be prejudicial or damaging to the accused person. A motion to suppress can be filed in both state and federal courts. In Nevada, the motion must be based on the Fourth Amendment of the United States Constitution which prohibits unreasonable searches and seizures. The motion must allege that the evidence was obtained in a manner which violated the rights of the accuser and therefore should not be allowed in court. The accused must demonstrate that the evidence was gathered in an illegal manner and that there was no probable cause or reasonable suspicion of criminal activity. If the motion is successful, the evidence is suppressed and cannot be used in the trial. This means that the evidence is not allowed and the prosecution cannot use the evidence against the accused. The motion to suppress can be an important tool for accused persons in criminal proceedings and can help achieve a more fair and equitable outcome in their case.
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