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

A motion to suppress evidence in criminal defense law is a legal strategy used by defendants in criminal proceedings in California. The defendant’s attorney files this motion to challenge the admissibility of certain evidence encroachments on the defendant’s constitutional rights. Such evidence can include illegally obtained or unlawfully seized items or testimony such as confessions obtained under duress. The motion to suppress evidence requests the court to exclude certain evidence from the criminal trial. If the court grants the motion, then the excluded evidence cannot be used to prove the defendant’s guilt. The motion is generally seen as an effective legal strategy due to its ability to limit the prosecution’s ability to build a case against the defendant. Defendants may also file motions to suppress evidence based on various other grounds such as lack of probable cause or failure to read a suspect their Miranda Rights. To be successful, the defendant must be able to convince the judge that the evidence was obtained in violation of the defendant’s constitutional rights. If the court accepts the argument and grants the motion, then the excluded evidence cannot be used to prove the defendant’s guilt.

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