What Can a Suppression Motion Mean for Your Case?

A suppression motion is a tool that is commonly used by criminal defense lawyers in Virginia to get evidence thrown out in a client’s criminal case because it was seized or taken improperly by the police. The Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. It also protects our right to privacy. This basically means that the police cannot enter your home, search your vehicle, take your personal property or pressure you to provide information unless they follow certain procedures, such as obtaining a search warrant.

If a police officer violates your Fourth Amendment rights while collecting evidence that may be used to implicate you of committing a crime, the court may throw out the illegally obtained evidence if a suppression motion is filed. Many times, once key evidence is excluded or “suppressed” the prosecutor will be unable to meet his or her burden of proof, which may result in your charges being dropped or reduced.

Illegal searches and seizures commonly occur during vehicle stops and arrests. For example, if you are stopped for a routine traffic violation, a police officer cannot require you to open your trunk to search for drugs or other illegal contraband unless certain additional criteria are met. Additionally, if you are arrested and choose to exercise your right to remain silent, an officer may not continually interrogate you in an attempt to force you to confess to a crime. These are just two examples of events that may cause evidence to be suppressed.

If you have been arrested, accused of a crime or questioned by the police, you should contact a criminal defense attorney to discuss your case and your rights. If evidence or information was collected or obtained illegally by law enforcement officials, an experienced criminal defense lawyer may be able to draft a successful suppression motion to have that evidence thrown out. In many cases, this may mean the difference between serving time in jail and having your case dismissed.