Criminal lawyer DC Motion to suppress evidence
Good afternoon ladies and gentlemen, my name is Mark Rollins. I’m an attorney here in Washington D.C., I practice primarily in the areas of criminal law. I’m also licensed in the state of Maryland.
Today I’m going to be discussing what is a motion to suppress. I know you may have heard this. You may have seen Law and Order and you always hear this about what is a motion to suppress. A motion to suppress is just a formal or written request to the judge to exclude certain evidence from the trial, and that’s all it is. When does this really occur? When this occurs and then we just give you a fact scenario. An individual is walking down the street, a police officer approaches him, police officer say, “hey, come here, let me check you out.” Officer conducts a frisk of the individual, and while he’s checking him and going down his pockets, he sees a hard object in the pocket. He takes his hand, manipulates it, squeezes it, tries to figure out what’s in his pocket, and then takes out what’s inside of his pocket.
The lawyer in that case, presumably, will file what is called a Motion to Suppress. Because the lawyer in that case is going to say, first, the officer should not have stopped him in the first place, and two, even if he stopped him and had probable cause to stop the individual, he certainly didn’t have the right to squeeze or manipulate whatever was inside of his pocket. What he felt inside of his pocket was a hard object, he certainly couldn’t go inside of it, because at that point, he’s not aware that that’s actually drugs. He was searching for drugs and he squeezed and manipulated it and tried to find something that matched what he thought was drugs. In that case scenario, the lawyer would file a motion to suppress, and hopefully, he would be successful at it. That’s all a motion to suppress it, and that’s a clear factual scenario on how a motion to suppress works. Motion to suppress can be filed for statements or evidence. So you could file a motion to suppress statements as well. In other words, you made statements to the police officer and your Miranda rights weren’t read to you.
I hope that helps, stay tuned to our channel, we always have new, interesting topics every week. Thanks for watching, bye.