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Motion to Suppress Questions

Motion to suppress is a written statement requesting a judge to remove evidence from a trial. Generally the reason for a motion to suppress is based on case law. For example, the actions of a police officer while conducting a search violated a person's Fourth Amendment right to be free from unreasonable search and seizure. To learn more about motion to suppress, read the questions below that have been answered by Experts.

I was arrested for trespassing, I was then charged with trespassing, possession of paraphernalia, and consumption of a controlled substance. Would this be an unlawful arrest if I wasn't trespassing?

Usually, it would be considered an unlawful arrest if there was no probable cause. If the police didn't have probable cause, it may be possible for your attorney to make a motion to suppress the findings of the arrest, including the illegal consumption. If the police assumed that you had in fact trespassed, they would have probable cause, therefore the motion to suppress would be denied. However, if there was no probable cause and the police found the illegal consumption as a result of the arrest, it may be possible for the evidence to be suppressed.

What do I need to state when I file a motion to suppress evidence or a motion to dismiss? I'm located in Montgomery County, PA.

In order to file a motion to suppress, you will be expected to show cause as to why the evidence shouldn't be used in the trial. There should be a foundation to base this reason on, such as; the evidence was obtained unlawfully. Many reasons for suppression are denied, for example, evidence may be embarrassing to the individual and they want to keep it from the trial. This type of request would generally be denied.

As for the Motion to Dismiss, when filing, you would state the reason for the dismissal. For example, if you have settled a dispute with the opposing side and you both wish to settle the matter outside of the court, you would state the reason in the motion to dismiss and request the court to allow the motion.

What should happen if the Miranda rights were not fully read to a suspect at the time of being placed in custody? However, about an hour later an officer did read them in full but he was not the arresting officer. I was never questioned.

Generally, there is no need for Miranda rights to be read to a person if they haven't been arrested yet or if they are not being interrogated. In the event that you are arrested and questions by the police, you could file a Motion to suppress everything that you have said prior to being read your Miranda rights. However, any information that you offer to the police before you are arrested would not be covered by the motion to suppress. This only applies to information given after an arrest but before Miranda rights have been read.

In this situation, there was no interrogation by the police therefore; there was no need for the Miranda to be read. If the police had questioned you, your option would be to file a Motion to suppress.

If the police pull someone out of their home by gunpoint to question them, then threaten the person to sign a consent to search (by gunpoint), what is the person's rights?

You could file a motion to suppress with the court if you feel like you were forced to sign a search consent or if you feel like your home was searched unlawfully. In order to obtain a search warrant, the police need probable cause. However, the police can search a home without a warrant if there is evidence of an emergency situation. If the police are given consent to search a home, they are entitled to conduct the search. However, being held at gunpoint and forced to sign the consent would be a form of coercion. If this is the case, you file the motion to suppress any evidence that was found during the search. You will need to explain why you think the search was unlawful. Usually, when a person files a motion to suppress, a hearing will be held. If you are successful in winning the motion to suppress, any evidence found during the search will be denied by the court and the charges will probably be dropped. You may want to consider hiring an attorney to assist you with the motion to suppress. This type of motion is generally hard to accomplish and is centered on case law.

A motion to suppress is generally applied when there is evidence that is going to be entered that could potentially affect the outcome of a trial. In many situations, people attempt to file this type of motion without the aid of an experienced attorney. While a person can file a motion to suppress, the process is much smoother when assisted by an expert in case law. If you are in a situation that requires a motion to suppress or are unsure of your legal standing or rights, you should consider asking an Expert to evaluate the details of your case and provide legal insights.
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