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

A motion to suppress evidence in criminal defense law in New York is a legal argument that a particular piece of evidence should not be allowed to be used in a criminal trial. This motion is typically used when the defense lawyer believes that certain evidence was obtained illegally or that it was acquired in a manner that violated a defendant’s rights under the law. This motion is typically used when the evidence in question was obtained in an unconstitutional search or the police did not have the legal authority to seize the evidence. If a motion to suppress evidence is granted by the court, then the evidence in question is not allowed to be used as evidence in the criminal case. This can be a powerful tool in criminal defense law as it can lead to a dismissal of the case if the evidence in question is the only evidence the prosecution has or if the evidence is the only way to prove the elements of the crime charged. A motion to suppress evidence must be filed by the defense lawyer and it is up to the judge to decide whether or not to grant this motion. The defense must be able to demonstrate that the evidence in question was acquired illegally or that the defendant’s rights were violated. If the judge decides that the evidence is inadmissible, then it is not used in the criminal trial.

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