What is a motion to suppress in criminal procedure?
A motion to suppress is a legal request made to a court by a defendant in a criminal case. In criminal procedure, a motion to suppress is typically used to try to keep specific evidence from being used against the defendant in trial. In Washington, a defendant can file a motion to suppress evidence if the collection of evidence was obtained in violation of the defendant’s constitutional right to privacy and freedom from unreasonable searches and seizures. This means that the police might have collected evidence in a way that is not allowed by the law. In Washington, the defendant’s attorney must file a motion to suppress with the court. The court then decides whether or not to grant the motion. If the court grants the motion, then any evidence collected in violation of the defendant’s rights will not be allowed as evidence in the criminal trial. This can be a powerful tool for someone facing criminal charges, as it may mean that critical evidence against them is excluded from the trial. Ultimately, it is up to the judge to decide whether a motion to suppress is granted or denied. The judge must consider whether the police had the required legal justification to collect the evidence. If the judge finds that the evidence was collected in violation of the defendant’s legal rights, then the motion to suppress will likely be granted.
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