Why A Motion to Suppress Can Be A Key Part Of Your Case

A motion to suppress evidence is a key tool in the world of criminal defense. In many cases, police collect evidence illegally and therefore violate your constitutional rights. Many times this evidence is inadmissible. By consulting with experienced criminal defense attorney Brandon Brown you may be able to get the evidence against you thrown out. Once this happens, the prosecution may decide not to proceed with the case against you and the judge will dismiss the charges.

Top Three Reasons Why a Court May Suppress Evidence:

Unlawful Search and Seizure: A court may suppress evidence that the police have gathered against your interests because the Fourth Amendment of the United States Constitution and Illinois law guarantee the right of persons to be secure from unreasonable search and seizure of their persons, houses, papers, and effects. This applies to routine traffic stops as well as searches to your home. Unless covered under an Exclusionary Rule exception (which prohibits the introduction into evidence of the direct and indirect products of unreasonable searches and seizures), the police must have a valid search warrant, a valid arrest warrant of probable cause that a crime has been committed in order to search your home.

Failure to Read Miranda Rights: A court may suppress evidence that the police have gathered against your interest because the Fifth Amendment of the United States Constitution and Illinois law requires that officer read Miranda rights to any suspect that is in custody prior to questioning or interrogation. The police must make four statements to you before they proceed to question you:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.

If police question any suspect prior to reading the above rights, the statement is presumed to be involuntary and any evidence discovered as a result of that statement will most likely be thrown out.

Chain of Custody Errors: Police must be sure to properly document and maintain a paper trail showing the seizure, custody, control, transfer, analysis and disposition of physical or electronic evidence. In other words, the prosecution must present evidence that is in the same condition as when the police seized it. A lack of integrity in the maintenance and presentation of this evidence can result in reasonable doubt by the jury.

It is critical that you not only understand your rights, but that if your rights are violated, you immediately call Brandon Brown Attorney At Law  to defend your case. Call now: 773-624-8366. The consultation is free.