What is a motion to suppress in criminal procedure?
A motion to suppress is a legal request that is typically made during the pre-trial phase of criminal proceedings in Virginia. This motion is made to the court by the accused (defendant) and asks the court to suppress or throw out evidence that was either obtained illegally or was obtained in violation of the defendant’s constitutional rights. This motion is very important in criminal cases since it can decide the fate of a trial before it even begins. The motion to suppress is based on the idea that evidence that is obtained unconstitutionally or illegally is not admissible in a criminal trial. This means that any evidence obtained as a result of violating the defendant’s constitutional rights cannot be used by the prosecution as part of their case. Additionally, any evidence obtained through illegal means such as an illegal search or seizure is also not admissible in court. If a motion to suppress is granted, it could significantly influence the outcome of the criminal case. This is because evidence that is excluded from a criminal trial could have substantial impacts on the case’s outcome. For example, if evidence that could incriminate the defendant is excluded from the trial because it was illegally obtained, the prosecutor may not be able to prove their case beyond a reasonable doubt. Therefore, motions to suppress are a critical part of criminal procedure in Virginia.
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