What is the purpose of a motion to suppress evidence in criminal cases?
A motion to suppress evidence is a legal document filed in court by a defendant in a criminal case that argues the evidence presented shouldn’t be used in court. In Montana, this motion is filed when a defendant believes the evidence presented was obtained illegally, either through an illegal search and seizure, an illegal arrest, or other constitutional violation. The purpose of a motion to suppress evidence is to protect the defendant’s constitutional rights. The Fourth Amendment of the US Constitution prohibits any unreasonable search and seizures and states searches must be carried out with a warrant. If evidence was obtained in a way that violates this standard, the motion to suppress provides a legal way for the defendant to exclude this evidence from their criminal case. In Montana, motions to suppress can be filed before the trial begins, as part of the pretrial process. The court will review the motion, listen to arguments from both sides, and decide whether or not to suppress the evidence. If the court grants the motion, it will exclude the evidence from the trial and it won’t be available for jurors to consider when they make their decision about guilt or innocence. Motions to suppress evidence are an important part of criminal procedure in Montana and nationwide as they protect defendants from unreasonable searches and seizures. Without this right, individuals could be charged and convicted without any regard for their constitutional rights.
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