What is a motion to suppress in criminal procedure?

A motion to suppress in criminal procedure is a legal request made by a defendant to a court asking them to prevent certain evidence from being used against them during their trial. This evidence can consist of physical evidence, such as a weapon, or evidence obtained through illegal means, such as an illegal search or seizure. In New York, the motion to suppress hearing can take place before or during a trial. The defendant can present evidence to the court that the evidence they want to have suppressed was obtained illegally. The prosecution can present evidence to the court to explain why the evidence should be allowed to be used against the defendant. The court will then decide whether or not to grant the motion. If the motion is granted, the evidence will not be allowed to be used against the defendant in trial. On the other hand, if the court denies the motion, the evidence can be used against the defendant during their trial. In New York, the defendant can file a motion to suppress evidence before their trial and the court will make a decision on if the evidence will be allowed to be used or not before the trial begins.

Related FAQs

What is the difference between probable cause and reasonable suspicion?
What is the role of the jury in criminal cases?
What is the process of lineups, interrogations, and confessions in criminal proceedings?
What is habeas corpus in criminal procedure?
What is the purpose of the Miranda warnings in criminal cases?
What is the process of jury selection for criminal cases?
What is the role of the grand jury in criminal cases?
What are Miranda warnings in criminal procedure?
What are the rules of evidence to be presented in criminal cases?
What is the exclusionary rule of the Fourth Amendment?

What is a motion to suppress in criminal procedure?

Related FAQs

Related Blog Posts