A person aggrieved by an unlawful search and seizure may be interested in suppressing evidence. They will need to file a motion to suppress the evidence. The motion must be made in writing with notice given to the prosecutor and filed in the court in which there is a pending criminal prosecution arising out of the subject matter of the search or seizure.
The goal of a motion to suppress evidence is to keep the jury from hearing certain incriminating statements by the defendant or from seeing or hearing incriminating evidence. However, simply because the evidence is unfavorable to the defendant does not mean it will be excluded for use at a trial. The motion to suppress must be based on the following grounds: that the search and seizure were made without a warrant and without lawful authority; that the warrant was improper upon its face or was illegally issued, including the issuance of a warrant without proper showing of probable cause; that the property seized was not that which was described in the warrant; that the warrant was illegally executed by the officer; or in any other manner in violation of the Missouri and United Stated Constitution.
At Henderson & Waterkotte, P.C., our St. Louis, Missouri criminal defense attorneys routinely file motions to suppress statements and evidence. Our goal is to aggressively attack each case to put our client in the best possible position should the case proceed to a trial. These motions prove to be vital in drug cases, sex cases, DWI cases, and many other criminal cases. If you have been arrested or charged with a crime, call Henderson & Waterkotte, P.C. today to schedule a free consultation.