What is a motion to suppress evidence in criminal defense law?
A motion to suppress evidence in criminal defense law is a legal challenge that an accused or their defense lawyer can file in court to exclude certain evidence from being used against them in their criminal trial. This evidence could be in the form of physical objects such as clothing or weapons, documents, or statements or confessions from the accused. In Michigan criminal defense law, a motion to suppress evidence can be filed for any evidence that was obtained illegally or through an unconstitutional search or seizure, either by police or any other individual. In order to be successful in a motion to suppress evidence, the defense lawyer must be able to prove that the evidence gathering techniques used by law enforcement were not in accordance with the law. For instance, if the police use an illegal search and seizure to collect the evidence, or if they obtained confessions or statements from the accused without providing their Miranda rights, then the evidence can be excluded from the trial. Here in Michigan, if the defense lawyer is able to prove that the evidence was collected illegally, then the court will issue an order to suppress the evidence, which means that the evidence cannot be used to incriminate the accused in their criminal trial. This can be an effective way for the accused to reduce the strength of the evidence against them in the courtroom and to increase their odds of being found not guilty.
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