What is a motion to suppress evidence in criminal defense law?

In criminal defense law, a motion to suppress evidence is a legal request to remove evidence from a criminal case. This motion can be made by the defendant or their attorney during a pre-trial hearing. The motion may be used to remove evidence that was illegally obtained, wrongly obtained, or inadmissible. In Indiana, a motion to suppress evidence must be filed before the case goes to trial and must provide facts and evidence to support its argument. The motion must also be filed in the proper court and include the legal documents needed to support the motion. If the motion is approved, the evidence cannot be used during the trial. This makes it difficult for the prosecution to prove their case as they are not allowed to use any illegally obtained evidence. When deciding whether or not to approve the motion, the judge will consider the facts, evidence, and arguments presented by both sides. If the judge decides that the evidence was obtained improperly, they will grant the motion and the evidence will be excluded from the trial. It is important to note that the motion may not be granted if the defense has failed to present sufficient evidence that the evidence was obtained illegally or inappropriately.

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