Why File a Motion to Suppress Evidence? | St. Louis Criminal Defense Lawyer

Why File a Motion to Suppress Evidence? | St. Louis Criminal Defense Lawyer

Filing a motion to suppress evidence is a tool used in criminal defense which can become a safeguard to protect an individual’s fundamental constitutional right to protection from illegal searches and seizures. This protection may also stem from a state’s codified criminal procedures. Generally, with a motion to suppress evidence, there are three types of evidence that would be subject to suppression – physical evidence, statements of a suspect or defendant, or witness identifications.

A Motion for Suppression of physical evidence that was found during a warrantless search could result from evidence recovered during a vehicle stop that did not result from probable cause or reasonable suspicion; a personal search without probable cause or valid consent to search; police misconduct; or a search conducted when a warrant was required.

Statements of an accused or a co-defendant may be also be suppressed in certain situations. This most commonly occurs when statements were made during an interrogation without a valid waiver of Miranda rights or after a lawyer has been requested and the questioning continued.

Suppression of identification may come about for a number of different reasons including, but not limited to, the suggestiveness of the procedure, right to counsel at a line-up, or the high risk of misidentification.

These motions, when warranted, are critical to a well rounded defense and may also be the basis for important discovery of evidence or testimony which may discredit the prosecution’s case. If you have been charged with a crime in Missouri or Illinois contact the criminal defense lawyers at Henderson & Waterkotte, P.C. to discuss your rights and if a motion to suppress may be necessary in your case.