What is a Motion to Suppress?

A motion to suppress is a legal request that a judge rule evidence inadmissible in a court of law. This concept is relevant to deportation proceedings in California because it may provide relief to an individual who is facing removal from the United States. Generally, the motion to suppress is filed when the government has obtained evidence through an illegal search or seizure of the individual’s property or an improper interrogation by a law enforcement officer. In California, the motion can also be filed in some cases when the individual faces deportation for a criminal conviction. In such cases, the motion to suppress can be filed in hopes of preventing the admission of the criminal conviction in the deportation hearing. The individual filing the motion may argue that their arrest or conviction was based upon an illegal search or seizure, or that they were denied basic Constitutional rights, or that they were coerced into confessing or otherwise gave a statement to law enforcement. If the judge rules in favor of the motion, the conviction may be thrown out, and the individual may be able to remain in the United States. Ultimately, the motion to suppress is an important tool for those facing removal proceedings in California, providing a possible avenue for relief from removal if the facts and circumstances of their case qualify. It is important for such individuals to understand their rights and options and seek the advice of an experienced immigration attorney.

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What is a Motion to Suppress?

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