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

A motion to suppress evidence in criminal defense law is a request to a court for an order that prohibits the prosecution from using certain evidence as part of their case against the defendant. This usually occurs when the prosecutor has obtained evidence through methods that involve violating the rights of the defendant, such as illegal searches or seizures. When considering a motion to suppress, a Texas court will look at several factors, such as the individual’s right to privacy and the Fourth Amendment of the Constitution. If the court finds that the evidence was obtained illegally, then they will grant the motion and prohibit the prosecution from using that evidence in the case. The purpose of the motion is to level the playing field between the defendant and the prosecution, and to ensure that the defendant’s rights are respected throughout the course of the case. If the motion is successful, it can have a significant impact on the outcome of the case, as it can lead to dismissal or reduced charges for the defendant.

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