According to the law, people are protected from being searched without a probable cause. So for example, if the police find drugs or other illegal substances in a person’s apartment, a person who has a good lawyer may be able to prove that this evidence was obtained illegally and then the evidence will have to be disregarded by the court.
How To Identify a Suppression Issue
For any kind of evidence, it is necessary to prove whether the evidence was gained lawfully. In order to prove that it was not gained lawfully, there are certain issues which need to be identified. For example, if the police have discovered and seized drugs, there will be a number of issues surrounding the drugs as well as the validity of the search. So the person in question may be asked things like how they came in contact with the police, whether the police had a search warrant for the premises, if there was any legal and valid reason for them to search the place, etc. Some of the most common instances are when the police may stop a car and search it under some traffic violation or they may search a home because they suspect drug trafficking. Questions will then also be asked specifically based on the evidence. In the case of drugs, police may be asked about all those who handled the drugs, whether the drugs were identified correctly, the weight of the drugs and other such questions.
Motion and Hearing
The motion in order to suppress evidence is given to the Judge by the defense attorney. The Judge will then look at all the facts and decide as to whether the evidence was obtained lawfully. A hearing for this may be held either just before the trial takes place or it could be held long before the trial starts. The prosecution and the defense will both give their cases to the Judge along with relevant case laws. The police officers who took part in the search and seizure may also be called to the stand and questioned by the prosecution and the defense. During the cross-questioning, the defense can pick out the weaknesses of the officer.
If the Judge decides that the evidence was obtained illegally, all the evidence can be thrown out. This means that none of this can be used against the person. So for example, if there are drugs in question and these drugs have been disregarded as evidence, the prosecution will no longer have a case against you because it will be impossible to prove any kind of drug charge without the drugs! Some prosecutors may choose to appeal the decision of the Judge but some simply drop the charges.