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

A motion to suppress evidence in criminal defense law is a request to the court to exclude certain evidence from a criminal trial. In Maine, a motion to suppress evidence is made by either the defense attorney or the prosecutor before or during a trial. The motion is typically based on the Fourth Amendment to the United States Constitution, which prohibits unlawful searches and seizures of persons and property. The motion to suppress evidence may be made if the evidence was obtained illegally or in violation of the defendant’s constitutional rights. These include searches without a warrant or probable cause; seizures or arrests without probable cause; violations of the Miranda rights; and improper Miranda warnings given by law enforcement. The motion also can include evidence obtained through deceptive police practices, including entrapment. The motion to suppress evidence is a powerful tool of a criminal defense lawyer. A successful motion can significantly weaken the prosecution’s case, making it difficult for them to prove guilt beyond a reasonable doubt. On the other hand, a denied motion can create legal issues and the defense attorney may have to negotiate with the prosecutor for a better plea bargain or even trial.

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