What is a motion to suppress evidence in criminal defense law?
A motion to suppress evidence in criminal defense law is a legal request made by a defendant to have evidence excluded from a trial because of how it was obtained or because it would be otherwise inadmissible. This motion is made before the trial begins and is used to challenge things such as the legality of an arrest or search, the admissibility of statements made by the defendant, or the reliability of scientific evidence. In Florida, motion to suppress evidence must be decided by a judge rather than a jury. The motion will be granted if the judge determines that the evidence was obtained illegally or is otherwise inadmissible. If the motion is denied, the evidence can be used against the defendant in the trial. When a motion to suppress evidence is granted, the defendant can go to trial without worrying about the illegally obtained evidence being used against him or her. This is important for protecting the constitutional rights of a defendant. The motion can also help strengthen the defendant’s case by removing key pieces of evidence that the prosecution would otherwise use.
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