What is the purpose of a motion to suppress evidence in criminal cases?

In criminal cases in South Carolina, a motion to suppress evidence is one potential tool defendants may use. A motion to suppress evidence is a request the court makes to exclude certain evidence from being presented in a criminal court case. The purpose of a motion to suppress evidence is to protect a defendant from being charged with a crime or from having evidence used against them in a trial. For example, if law enforcement officers have performed an illegal search and seizure, a motion to suppress evidence would prevent them from using any evidence they acquired through the illegal search against the defendant in court. To be successful, a motion to suppress evidence must show that the evidence was not legally obtained, it did not meet the requirements of the law, or it was illegally obtained. If the motion to suppress evidence is granted by the court, then the evidence may not be presented in court and the case may be dismissed or the charges may be reduced or dropped. By making a motion to suppress evidence, defendants are able to protect their rights under the law and prevent themselves from being wrongfully convicted. It is a powerful tool and one of the many ways defendants attempt to protect their rights in the criminal justice system.

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