What is a motion to suppress in criminal procedure?

A motion to suppress in criminal procedure is an argument presented to the court asking them to exclude evidence from a criminal case. Generally, this evidence may have been illegally obtained, or obtained in violation of an individual’s rights under the U.S. Constitution. In Texas, the right to suppress evidence is established in the Texas Code of Criminal Procedure. During the motion to suppress hearing, the prosecution and the defendant’s attorney will both present evidence and arguments to the court. The attorneys will use the evidence to show the court whether the search or seizure was valid or invalid according to Texas law. The judge then decides whether the evidence should be suppressed or allowed in the case. To successfully suppress evidence in Texas, the defendant’s attorney must show the judge that the evidence was obtained in violation of the defendant’s rights under the U.S. Constitution. The most common grounds for filing a motion to suppress include illegal searches and seizures without a warrant, improper search warrants, and confessions that were unlawfully coerced or obtained without the defendant’s awareness of their rights. In Texas, the motion to suppress hearing is a crucial step in the criminal process. If the evidence is suppressed, it can be a substantial victory for the defense since the evidence may not be admissible in court. However, if the motion is denied, the attorney will have the opportunity to make arguments at trial to try to have the evidence excluded.

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What is a motion to suppress in criminal procedure?

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