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

A motion to suppress evidence in criminal defense law is a legal request to keep certain kinds of evidence from being used in a criminal trial. When a motion to suppress is made, it’s the defense attorney’s way of telling the court that the evidence was gathered in a way that violates the defendant’s right to privacy. In Nebraska, the motion must be filed within 10 days of the defendant’s arraignment. For example, if the defendant was not read their Miranda rights, the defense attorney may file a motion to suppress to keep out the statements the defendant made during the arrest. Or, if the police searched the defendant’s home without a search warrant, the defense attorney might file a motion to suppress in order to prevent the evidence gathered in that search from being used in court. When the motion is made, the judge will decide whether the evidence can be used or not. If the judge decides that the evidence was indeed illegally obtained, it will be kept out of the trial. If it was obtained legally, the evidence can be used in court and taken into consideration when the jury makes its decision. It’s important to keep in mind that a motion to suppress isn’t always successful, but it may be worth a try to see if the evidence can be excluded from the courtroom.

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

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