Define: Motion To Suppress

A motion to suppress is a legal request made by a party, typically the defence in a criminal case, to exclude certain evidence from being used in court proceedings. This motion is based on the argument that the evidence was obtained unlawfully or in violation of the defendant’s constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures. The party filing the motion argues that the evidence should be suppressed or excluded from trial because its admission would be unfair or unconstitutional. Courts evaluate motions to suppress based on the specific circumstances of the case, including the legality of the police conduct and the impact of admitting the evidence on the defendant’s rights to a fair trial. If granted, a motion to suppress can significantly weaken the prosecution’s case or lead to the dismissal of charges against the defendant.

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This glossary post was last updated: 29th March 2024.