What is a motion to suppress in criminal procedure?

A motion to suppress in criminal procedure is a legal argument made in court by a defendant that challenges the admissibility of evidence in a criminal case. In South Carolina, any evidence that is obtained in violation of the U.S. Constitution is considered "tainted" and must be excluded from trial. A motion to suppress is also sometimes referred to as a motion to suppress evidence, motion to suppress statements, motion to suppress identification, or motion to suppress a confession. In order to make the motion to suppress, the defendant must allege that the evidence was obtained in violation of their constitutional rights. For example, the defendant may claim that the search and seizure of evidence violated their Fourth Amendment right to be free from unreasonable searches and seizures. The defendant may also allege that any confession or statement made to the police was given involuntarily or without being informed of their Miranda rights. The motion to suppress is typically used as a defense strategy, and if successful, it may prevent the prosecution from using the evidence in court. This can have a substantial effect on the outcome of the case, as it weakens the prosecutor’s case and may even lead to a dismissal of charges.

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