Legal Definitions - Motion To Suppress

A motion to suppress is a legal request made by a defendant in a criminal trial to exclude certain evidence from the trial. The basis for the exclusion must be in the U.S. Constitution, a state constitution, or some specific statute that permits such evidence to be excluded.

The exclusionary rule, which is grounded in the Fourth Amendment, excludes from trial evidence obtained in violation of a defendant’s constitutional rights and protects citizens from unlawful searches and seizures.

An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.

Another example is where a defendant requests the court to suppress evidence obtained through an illegal search of their home.

These examples illustrate how a motion to suppress can be used to protect a defendant's constitutional rights and ensure that evidence obtained through unlawful means is not used against them in court.