What Does a Motion to Suppress Do?
What does a motion to suppress do? A motion to suppress asks the court to prevent prosecutors from using certain evidence at trial.
If key evidence is suppressed, the prosecution may not be able to prove the case.
Common evidence challenged includes:
- Traffic stops
- Confessions
- Search results
- Drug evidence
- Breath tests
- Field sobriety tests
If the judge rules that police violated a defendant’s constitutional rights, the evidence cannot be used.
Why Motions to Suppress Are Important
Many criminal cases depend heavily on police evidence.
Without that evidence:
- Charges may be reduced
- Cases may be dismissed
- Defendants may be found not guilty
In many serious criminal cases, the motion to suppress is the most important part of the defense.
Common Reasons Evidence Is Suppressed
Illegal Traffic Stops
Police must have a legal reason to stop a vehicle.
If an officer lacked reasonable suspicion, evidence from the stop may be excluded.
This issue commonly arises in OVI and drug cases.
Illegal Searches
The Fourth Amendment protects against unreasonable searches.
Police generally need:
- A warrant
- Consent
- Probable cause
- A recognized exception
If a search is illegal, the evidence may be suppressed.
Improper Questioning
Statements made to police may be suppressed if:
- Miranda rights were not given
- Questioning was coercive
- The suspect requested a lawyer
Confessions can sometimes be excluded if obtained improperly.
Faulty OVI Testing
In OVI cases, motions to suppress often challenge:
- Traffic stops
- Field sobriety tests
- Breath tests
- Blood tests
If testing procedures are not followed correctly, results may be excluded.
Where Motions to Suppress Are Filed
Motions to suppress are commonly filed in courts throughout Northeast Ohio, including:
- Medina Municipal Court
- Wadsworth Municipal Court
- Medina County Court of Common Pleas
- Akron Municipal Court
- Barberton Municipal Court
- Summit County Court of Common Pleas
- Wayne County Municipal Court
- Wayne County Court of Common Pleas
- Massillon Municipal Court
- Stark County Court of Common Pleas
- Cuyahoga County Court of Common Pleas
Both misdemeanor and felony cases may involve suppression hearings.
What Happens at a Suppression Hearing
A suppression hearing is like a mini-trial before a judge.
At the hearing:
- Police officers testify
- Evidence is presented
- Witnesses may be cross-examined
- Legal arguments are made
The judge then decides whether the evidence will be allowed.
These hearings often determine the direction of a case.
Why Experience Matters
Motions to suppress require:
- Knowledge of constitutional law
- Understanding of police procedures
- Cross-examination skills
- Legal research
A strong motion to suppress can expose weaknesses in the prosecution’s case.
Many successful criminal defenses begin with a suppression motion.
How a Motion to Suppress Can Change a Case
A successful suppression motion may lead to:
- Reduced charges
- Dismissed cases
- Better plea offers
- Trial victories
In some cases, suppression eliminates the prosecution’s key evidence. The attorneys at Gigiano Law
Criminal Defense in Medina, Summit, Wayne, Stark, and Cuyahoga Counties
Motions to suppress are commonly used in criminal cases throughout:
- Medina County
- Summit County
- Wayne County
- Stark County
- Cuyahoga County
Understanding how local courts handle suppression issues can make a difference.
Talk to a Criminal Defense Attorney
If you have been charged with a crime, a motion to suppress may be an important part of your defense.
Evidence obtained illegally should not be used in court.
An experienced Medina County criminal defense attorney can evaluate whether a suppression motion is appropriate and fight to protect your rights. The Wayne County criminal defense attorneys at Gigiano Law have the knowledge and experience to evaluate all stages of criminal defense, including motions to suppress. Talk to the Summit County Criminal Defense attorneys at Gigiano Law about how they can help you fight your criminal charges.
