What is the difference between a motion to suppress and a motion to dismiss?

A motion to suppress and a motion to dismiss are both legal procedures that may be used in criminal cases, including drug crimes. In Utah, a motion to suppress is employed when the defendant believes the evidence against him or her was obtained unlawfully. This could be because the arresting officer used excessive force, illegally searched the defendant’s property, or obtained evidence by coercion. In this case, the motion requests that any evidence retrieved due to an unlawful arrest be excluded from consideration in court. A motion to dismiss, however, is typically used when the defendant believes the charges against him or her do not constitute a valid crime. This could be because the defendant was charged with a crime that does not meet the required elements of the offense, or the defendant was charged with a crime that does not even exist. In this case, the motion requests that the court dismiss the case and the charges against the defendant. In conclusion, a motion to suppress and a motion to dismiss are both legal procedures used in Utah drug crimes cases. A motion to suppress is used to request the exclusion of any evidence obtained from an unlawful arrest, while a motion to dismiss is used to request that the court dismiss the case due to lack of evidence or invalid charges.

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