How does a court decide whether to grant a motion to suppress evidence?
When a defendant is charged with a drug-related crime, they may be able to file a motion to suppress evidence. This means they are asking the court to reject certain evidence that the prosecution may want to use against them. In determining whether to grant a motion to suppress evidence in Maryland, courts will look at what type of evidence is involved, along with the circumstances of the case. If the evidence was obtained illegally, without a valid warrant or probable cause, then the court may grant the motion to suppress the evidence. In addition, if the evidence was unlawfully seized, or if the search did not adhere to the Fourth Amendment of the United States Constitution, then the court may also grant the motion to suppress. When weighing the merits of the motion to suppress, the court will also consider how the evidence is related to the criminal act and what other evidence the prosecution may have. For example, if the evidence gathered was obtained illegally, but the evidence is still relevant to the crime, then the court may not grant the motion. Ultimately, the motion to suppress evidence will be decided by a judge in the Maryland court system. The judge will review the evidence presented and determine whether or not to grant the motion. The judge will also consider the facts of the case and any applicable legal precedents when reviewing the motion.
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