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You have undoubtedly heard of motions to suppress evidence…but what exactly do they entail? A motion to suppress is one type of motions you can hear in a NJ criminal courtroom.
Our team of former prosecutors at the Bianchi Law Group use motions to suppress to protect our clients.
Motions to suppress are fundamental tools in the criminal justice system, designed to challenge the admissibility of evidence obtained by the State. They play a crucial role in ensuring that your constitutional rights are upheld, especially when evidence may have been gathered unlawfully.
Understanding how and when these motions are used empowers you as a defendant. The success of a motion to suppress often depends on the attorney’s skill in presenting the case and arguing that the evidence was obtained in violation of your rights. Working with experienced legal professionals who understand these nuances is vital—having the right team can make all the difference in the pursuit of justice.
If you find yourself facing criminal charges, knowing your options—and understanding the significance of a motion to suppress—can be a powerful defense strategy. Always consult with a knowledgeable attorney to navigate these complex legal waters.
What is a Motion to Suppress Evidence?
A motion to suppress is a formal request made to a judge in a criminal case. The request asks the judge to prevent the State from admitting specific evidence.
The formal request is all about the exclusion of the evidence. They are typically warranted after a constitutional violation has occurred in the case. But what counts as “evidence” in this context? It can include anything from physical items, such as drugs, weapons, or other objects, to statements made by the defendant. For instance, if law enforcement conducted a search without a warrant or probable cause, any evidence obtained during that search—whether tangible or testimonial—could be deemed inadmissible in court.
The following are the legal exceptions to the warrant requirement:
- The Plain View Doctrine
- Search incident to arrest
- Consent searches
- Third-party consent
- Stop and Frisk
- Warrantless searches of motor vehicles (See Automobile Exception to warrant requirement—New Jersey only, not Pennsylvania)
- Warrantless searches in exigent circumstances (hot pursuit)
- Abandoned property
- Administrative inspection exception
- Attenuation Doctrine (non-government agent search)
- Border searches
- Community caretaker exception
- Emergency aid exception
- Inevitable discovery
- Inventory searches
- Investigative detention
- Protective sweep
- Roadblocks (DUI checkpoints)
The Garden State does permit a limited amount of warrantless searches, as it follows the automobile exception to the search warrant requirement. If an officer establishes probable cause and believes that the vehicle contains contraband or evidence of a crime, they are then permitted to conduct a search.
What are the Grounds for Suppressing Evidence in New Jersey?
There are several grounds for a New Jersey criminal defense attorney to ask for a motion to suppress evidence. They include the following:
Search and seizure violation
A typical situation that warrants a defense attorney to request a formal motion to suppress evidence is after a search and seizure violation. Unreasonable searches without a warrant are a violation of constitutional rights.
After an improper search and seizure are conducted, the lawyer will request the judge not admit anything discovered. The Fourth Amendment to the United States Constitution forbids any form of unreasonable searches and seizures.
The Exclusionary Rule
This rule details that the government cannot legally use the obtained evidence as it has been collected illegally. Illegal evidence can violate the following rights of the defendant:
- Fourth Amendment rights
- Fifth Amendment rights
- Sixth Amendment rights
As the law states, the evidence discovered during an illegal search is a constitutional violation. It must be excluded as “fruits of the poisonous tree” and be brought to the attention of the judge.
Chain of custody issues
When evidence is obtained by an officer, everything that occurs there within must be properly documented and preserved for use in the legal case. If this does not occur, the chain of custody is broken, and an attorney may be able to suppress unreliable evidence.
The evidence may be considered “contaminated”. This is a major reason why our criminal defense lawyers use the motion to suppress evidence as it is tainted.
In summary, a motion to suppress serves as a powerful tool to challenge the admissibility of evidence that may have been improperly obtained—whether through warrantless searches, lack of probable cause, or procedural mishandling. If the court agrees that a constitutional violation has occurred, the evidence in question can be excluded, dramatically impacting the outcome of a criminal case.
How Does NJ Attorney File Motion to Suppress Evidence?
In the state of New Jersey, a motion to suppress evidence must be filed before the Judge hearing the case. First, a brief must be submitted by a New Jersey prosecutor if the police search was made without a valid warrant.
Impact of a Successful Motion to Suppress Evidence
At the suppression hearing, if the defendant is successful, the state may no longer use any evidence against them within the same case. The suppression, however, may only prohibit the evidence at issue and the rest of the evidence is still admissible, and it doesn’t mean the case gets dismissed.
It’s natural to wonder how often a motion to suppress actually works. The outcome depends heavily on the facts of each case, the jurisdiction, and even the specific judge overseeing the matter. Some motions to suppress are granted, especially if there is a clear violation of constitutional rights or a breakdown in procedure, but many are denied—particularly when the prosecution can show the evidence was obtained lawfully.
Ultimately, the success of a motion to suppress often comes down to the skill and attention to detail of the defense attorney. Having an experienced lawyer who is well-versed in the nuances of criminal procedure can make a significant difference in the result.
How Often Are Motions to Suppress Successful?
Clients often wonder what their chances are when filing a motion to suppress evidence in New Jersey. The reality is that the likelihood of success depends on several factors, including the specifics of the case, the thoroughness of your attorney, and the details of how the evidence was obtained.
Generally speaking, motions to suppress are not automatically granted. Courts carefully review whether law enforcement followed the correct procedures and respected constitutional protections. If the prosecution can show the search or seizure was legal, the motion will likely be denied.
However, when a skilled defense attorney can demonstrate that your rights were violated—such as improper warrants, a broken chain of custody, or clear breaches of procedure—the court may decide to exclude the evidence. This is why having an attorney experienced in criminal defense and well-versed in New Jersey law, like the American Civil Liberties Union (ACLU) has highlighted in various state and federal cases, is crucial. Success often depends on attention to detail and strong advocacy in court.
While there is no guaranteed outcome, well-founded motions to suppress can and do succeed, significantly impacting the prosecution’s case or sometimes leading to reduced charges or alternate resolutions.
For more information, contact our team of former prosecutors at The Bianchi Law Group LLC!
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