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

A motion to suppress evidence is an important tool used in criminal defense law in West Virginia. It’s a legal request made by the defense lawyer to the judge to stop certain evidence from being used against the defendant in court. The motion is based on the idea that the evidence was obtained illegally or improperly. For example, if the police violated the defendant’s Constitutional rights or broke a law (such as not having a warrant to search the defendant’s home), the defense lawyer can make a motion to suppress the evidence. In other words, if the evidence was obtained illegally, the defense lawyer wants it thrown out of court so it can’t be used against the defendant. The judge will then hear arguments from both the defense and the prosecution, and decide if the evidence should be suppressed. If the judge agrees with the defense lawyer, then the police’s evidence against the defendant can’t be used in court. This can be a huge boost to the defense’s case, as they now have less evidence to prove the defendant’s guilt.

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

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