Getting Evidence Tossed Out: How to File a Suppression Motion After an Improper Search

When can you get evidence tossed out after an improper search? Well, first off, let’s back up a sec. What exactly is a “suppression motion?” Basically, it’s a request made by a defendant in a criminal case asking the judge to keep out evidence that was obtained illegally by the police or prosecutors. The idea is to suppress or prevent the jury from hearing about evidence that was unconstitutionally obtained.

So for example, let’s say the cops search your house without a warrant. That’s a no-no. The Fourth Amendment requires they gotta have probable cause and get a warrant from a judge before rummaging through your stuff. If they skip that step, any evidence they find could get tossed out if your lawyer files a suppression motion. Makes sense, right? Otherwise, the Bill of Rights wouldn’t mean squat if the cops could just ignore it and get away with illegal searches.

Of course, there’s a bit more to it than that. You can’t just cry “illegal search!” and expect the judge to automatically throw out whatever the cops found. There’s a process, legal standards, and cases where suppression may not fly even if the search was questionable. Let’s get into it…

When Should You File a Suppression Motion?

First off, you gotta act quick if you want the judge to consider tossing evidence from an improper search. Like, before your trial starts. Most states require you to file the suppression motion within a certain time frame after you’re formally charged. Don’t drag your feet, or you could lose your shot to get the evidence suppressed!

Second, don’t wait until after you’re convicted to complain about an illegal search for the first time on appeal. That ship has sailed. You gotta raise the suppression issue before or during trial through a pretrial motion. Your lawyer can explain the deadline and procedures in your state.

What Do You Have to Show to Suppress Evidence from a Bad Search?

To get evidence tossed out from an unconstitutional search, your suppression motion needs to explain:

• How you have “standing” to challenge the search. Basically, it needs to be your rights that were violated. Like if it was your home or property that was illegally searched.
• What the cops did wrong. You gotta point to facts showing the search violated your Fourth Amendment rights. Like they searched without a warrant, probable cause, consent, etc.
• The evidence you want suppressed was obtained directly from the illegal search. So stuff the cops found rummaging through your house illegally needs to get tossed. But not evidence they got later with a valid warrant.
• Request a hearing where you can question the cops about the search and prove it was improper. The judge will decide whether to suppress the evidence based on the hearing.

Police don’t need a warrant or probable cause for everything. Like if they see drugs in plain view through your car window. But for searching a home, private spaces, etc. they need a very good reason that holds up in court. Otherwise, the evidence could get suppressed.

What Kinds of Searches Can Lead to Suppression?

Some big categories of unconstitutional searches that often lead to suppression include:

• Warrantless searches of a home or private property without consent or an emergency. Big no-no.
• Searches exceeding the scope of a warrant. Like if the warrant was just for the living room but they searched the whole house.
• Lacking probable cause for a warrant. If the warrant affidavit didn’t establish enough reason to search.
• False or misleading info in a warrant affidavit. AKA “tainted warrant.”
• Arresting someone without probable cause and then searching them. Known as the “fruit of the poisonous tree” doctrine.
• There’s also searches based on false alerts from drug dogs, coerced consent, and other shady police tactics. Point is, there are lots of ways cops can cross the line and give your lawyer ammo to get evidence suppressed.

What if the Cops Say It was a Legal Search?

Don’t worry, the suppression hearing lets your lawyer cross-examine the officers to poke holes in their story. Like if they say they had consent to search, your lawyer can grill them on that. Or if they found something illegal “in plain view,” your lawyer can question whether they really saw it before conducting a broader search.

The judge will decide who’s telling the truth. And the cops don’t always win. Judges have seen plenty of police dishonesty when it comes to covering up an illegal search after the fact. Just because the cops say it was legal doesn’t mean the judge will buy it. That’s why suppression hearings are so critical.

Can Illegally Obtained Evidence Still be Used Against You?

Sometimes, yes. There are a number of exceptions and loopholes where evidence from an improper search might still be admitted. Like:

• “Inevitable discovery” – If police can show they would have found it anyway through legal means.
• “Good faith exception” – If officers reasonably relied on a warrant later found invalid.
• “Attenuation doctrine” – If the evidence was so far removed from the illegality it’s not really “fruit of the poisonous tree.”
• “Impeachment” – Illegally obtained evidence may be allowed to impeach you if you testify inconsistently.

Stuff found during searches incident to a lawful arrest, traffic stops, or with a valid warrant will also come in. So suppression motions are never a sure thing. But when the cops clearly violated your rights, it’s your best shot to get the evidence excluded.

Should You Testify at the Suppression Hearing?

You have a right to testify about your side of the search at a suppression hearing. But in most cases, it’s better to just let your lawyer handle questioning the police and arguing your motion. Anything you say can potentially be used against you later if the motion fails. So keep your trap shut and let your lawyer do the talking!

If you do testify, stick to the basic facts about the search itself. Don’t try to spin it or make legal arguments. Be cooperative and matter-of-fact, not confrontational. You want to come across as credible, not make the judge think you’re hiding something.

What Happens if Your Suppression Motion is Denied?

Don’t panic! Just because your motion failed doesn’t mean you’ll automatically be convicted. It just means the evidence comes in. Your lawyer can still challenge the credibility of the evidence and police testimony at trial. Or argue the search was improper to the jury.

There may also be other grounds to object to the evidence or file additional suppression motions. Talk to your attorney about options. And consider a plea bargain if your suppression motion fails and the evidence against you looks strong.

Suppression battles are rarely make-or-break. Even if you lose the motion, the fight goes on! So don’t get too down if the judge rules against you. It’s not over yet.

When to Talk to a Lawyer About Suppression Options

If you believe the police obtained evidence through an illegal search, talk to a criminal defense lawyer ASAP about filing a suppression motion. The earlier the better, since there are usually strict deadlines.

An experienced attorney can review the facts, pinpoint any Fourth Amendment violations, file the motion papers, and aggressively question the cops at a hearing to show the search was unconstitutional. If your rights got trampled, a good lawyer will know how to get the tainted evidence thrown out.

So don’t let illegal police tactics slide. Get a lawyer on your side, fight back with a suppression motion, and don’t let the Bill of Rights become just an old piece of paper. Your freedom could depend on it.