The Bill of Rights protects people from unreasonable government searches and seizures (4th Amend.), guarantees that people are not forced to incriminate themselves (5th Amend.), and to have the assistance of a lawyer in a criminal prosecution (6th Amend.). When the Government violates one or more of these Rights, a judge is often required to “exclude” the evidence obtained from violating the Right(s). While the Bill of Rights seems straightforward, numerous exceptions to these amendments have been carved out over the years. As a result, issues related to Motions to Suppress tend to be complex and very fact-specific. Government officials, such as police officers, are well aware of these exceptions and they often prefer to circumvent warrants, illicit incriminating statements, and avoiding lawyers so as to make their investigations more convenient.
Because there are so many factors, circumstances, and exceptions that impact whether a search is lawful or whether a person’s statements are admissible, a Motion to Suppress often requires a complex analysis and a lawyer should know the full facts of the case to determine whether a Motion to Suppress has merit. However, if successful, a Motion to Suppress is often devastating, if not fatal, to the prosecution’s case.
