What is the purpose of a motion to suppress evidence in criminal cases?
The purpose of a motion to suppress evidence in criminal cases in Arizona is to prevent potentially unlawfully obtained evidence from being used against the defendant in a criminal trial. The motion may be filed by the defense prior to the trial, and it is up to the judge to determine if the motion is valid. If the defense can prove that the evidence was obtained illegally, the judge may choose to suppress or “throw out” the evidence. This means that the evidence may not be used by the prosecution during the trial. The purpose of this is to ensure that the defendant’s rights are protected. The defense may argue that the evidence was gathered without a proper warrant, or that the search that yielded the evidence was unlawful. The defense may also argue that the evidence was obtained by using coercion or deception, or that there were other constitutional violations that took place. If the judge rules in favor of the defendant on the motion to suppress the evidence, then the prosecution can no longer use the evidence in court. This can potentially weaken the prosecution’s case significantly, and the defendant may even be able to avoid a conviction altogether. The motion to suppress evidence is an important part of criminal procedure in Arizona, and it can be a powerful tool for protecting the rights of the accused.
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