Evidence suppression is a common tactic criminal defense lawyers use to weaken the prosecution's case in a felony trial. In short, this process involves attempting to get a piece, or pieces, of evidence in your case thrown out so they can’t be presented to the jury in your trial.
Keep reading to learn more about how this process works and what types of evidence attorneys will attempt to suppress before a trial for felony charges.
The Legal Basis for Suppression
A motion to suppress asks the court to keep evidence out because of how the state obtained it, not because of what it shows. In Florida the motion is governed by Rule 3.190(g) of the Florida Rules of Criminal Procedure, which lets a defendant move to suppress evidence obtained through an unlawful search or seizure, or statements obtained unlawfully from the defendant.
The underlying doctrine is the exclusionary rule, which bars the state from using evidence it obtained in violation of the Fourth, Fifth or Sixth Amendment to the United States Constitution.
Common Grounds For Suppression Motions
When your attorney files a motion to suppress, they challenge the evidence's admissibility and ask the court to exclude it from trial. One way to successfully suppress evidence is to prove that it was obtained in a way that violated your rights.
There are several general grounds on which a motion to suppress may be based:
- Unauthorized searches and seizures: The Fourth Amendment protects individuals from unreasonable searches and seizures. Evidence obtained during an unlawful search or seizure, such as a search without a valid warrant or probable cause, may be suppressed.
- Violation of the Fifth Amendment's Self-Incrimination Clause: The Fifth Amendment protects individuals from being compelled to incriminate themselves. A confession or statement obtained in violation of this right, such as through coercion or without proper Miranda warnings, can be suppressed.
- Violation of the right to counsel: during custodial interrogation the right to a lawyer comes from the Fifth Amendment through Miranda, and questioning must stop once you ask for one. The Sixth Amendment right attaches separately, once formal charges are filed, and covers every critical stage after that. Statements taken in violation of either can be suppressed.
Strategies For Challenging Evidence
Once you’ve retained an attorney, one of the first things they will do is begin reviewing the evidence against you and formulating a defense strategy. During this review of the evidence, we may be able to identify whether law enforcement may have violated your rights or used questionable tactics during your arrest. Key areas to investigate include:
- Probable cause: determine whether the police had probable cause to conduct a search or arrest. If probable cause did not exist, we can argue that any evidence obtained during the search or arrest should be suppressed.
- Search and seizure: We’ll investigate the circumstances of the search and seizure, mainly whether it was conducted without a warrant. We’ll look for constitutional violations, such as unreasonable searches and seizures or violations of your privacy rights.
- Search Warrant: If there is a search warrant, we’ll review it for accuracy, proper issuance, and execution. Errors, lack of specificity, or unconstitutional methods in obtaining the warrant may render the evidence inadmissible.
Filing And Arguing Motions To Suppress
If we are able to identify any evidence that we feel should be suppressed in your trial, the next step is to file a motion to suppress that evidence, which follows the following general process:
- File the motion: Rule 3.190(g)(2) requires the written motion to identify the particular evidence or statements to be suppressed, the reasons for suppression, and the facts the motion rests on. Rule 3.190(g)(4) requires it to be filed before trial or by the deadline the trial judge sets.
- Prepare for arguments: Gather supporting case law, testimony, and other evidence to support the argument in court.
- Present the case: Once we are granted a hearing, we present the case to the judge, highlighting key elements such as lack of probable cause, warrant issues, or constitutional violations.
- Rebut the charge: In most cases, the prosecution will argue against the motion to suppress, so we may need to make additional arguments regarding the admissibility of the evidence.
What Is “Fruit of the Poisonous Tree”?
Another strategy attorneys will use when filing a motion to suppress is the fruit of the poisonous tree doctrine. Under this doctrine, if the primary evidence obtained by law enforcement is deemed inadmissible due to a constitutional violation (the "poisonous tree"), any evidence derived from that primary evidence (the "fruits") may also be inadmissible.
Judge's Rulings In Suppression Hearings
The judge decides the motion, and does so as the finder of fact. Under Rule 3.190(g)(3) the court first checks whether the motion is legally sufficient, denies it outright if it is not, and otherwise takes evidence on any disputed fact it needs to resolve. Officers usually testify, and the defense cross-examines them. What the judge is weighing:
- Whether the evidence was obtained lawfully and by constitutional requirements
- The relevance and materiality of the evidence to the case
- The possibility of prejudice to the defendant if the evidence is introduced
Types Of Evidence That An Attorney May Challenge
When the state is preparing a case against you, many different types of evidence may be used in your trial. Here are some of the most common types of evidence that may be used in a criminal trial and ways your attorney may attempt to suppress them.
Physical Evidence And Search Issues
Physical evidence, such as weapons or drugs, may be suppressed if obtained through an unreasonable search or a search conducted without a warrant. When challenging the admissibility of physical evidence, your defense attorney will usually investigate the circumstances surrounding the search and seizure.
The most important factors to consider include the existence of a valid search warrant, the scope of the search, and the reasonableness of law enforcement's actions.
Some exceptions to the search warrant requirement are:
- Consent to search
- Plain view, where the officer is lawfully present and the incriminating nature of the item is immediately apparent
- In connection with a lawful arrest
- Exigent circumstances
- Exception for motor vehicles
If the search is found to be unlawful, any evidence obtained as a result may be suppressed under the exclusionary rule. In addition, the good faith exceptions, the inevitable discovery doctrine, and the independent source rule may save the admissibility of evidence in some situations despite a faulty search or seizure.
Witness Statements And Testimonies
A witness statement is often the only direct account the state has, so how the police took it matters. If the statement was coerced or otherwise involuntary, it can be challenged, and so can the procedure used to obtain an identification.
Some other tactics for challenging witness statements include:
- Attacking the credibility of the witness
- Pointing out inconsistencies in the witness's testimony
- Proving that the witness's memory or perception was impaired
Your defense attorney may also argue that the witness statement was obtained through an unlawful or improperly suggestive identification procedure, such as an improperly suggestive lineup or photo array.
Confessions And Self-Incrimination
A confession can be powerful evidence against you in criminal proceedings. However, confessions can be suppressed if they are involuntary or violate your Miranda rights.
Miranda warnings are required before custodial interrogation, not merely on arrest. Once you are in custody and officers question you, they must tell you that you have the right to remain silent, that anything you say can be used against you, and that you have the right to a lawyer. Statements taken without that warning, or after you invoked your rights and officers kept questioning you, can be suppressed. Spontaneous statements you volunteer without being questioned generally are not.
Your defense attorney may use the following tactics to challenge the admissibility of a confession:
- Claiming that the confession was made involuntarily
- Evidence that you were not adequately advised of your Miranda rights
- Evidence that the police continued to question you after you asserted your rights
Exclusionary Rule And Its Exceptions
The exclusionary rule is an important legal principle in criminal proceedings. It states that evidence obtained in violation of a defendant's constitutional rights may not be used against him in court.
The case that applied the exclusionary rule to state prosecutions is Mapp v. Ohio, 367 U.S. 643 (1961), in which the United States Supreme Court held that evidence obtained through an unreasonable Fourth Amendment search or seizure is inadmissible in state court. Before Mapp, the rule bound only federal prosecutors.
What Are the Exceptions to the Exclusionary Rule?
Three exceptions let the state use evidence even after a constitutional violation. Each one is the prosecutor's answer to a motion to suppress, so expect it:
- Good faith: under United States v. Leon, 468 U.S. 897 (1984), evidence seized under a warrant that later turns out to be defective can still be admitted if the officers relied on that warrant in objectively reasonable good faith.
- Inevitable discovery: Unlawfully obtained evidence may be admitted if it can be shown that the evidence would have eventually been discovered through legal means.
- Independent Source: If the evidence comes from multiple sources and one of the sources is independent of the constitutional violation, the evidence from the independent source may be admitted.
Are You Facing Criminal Charges In Florida?
If you’re facing criminal charges in Florida, you should speak with an experienced criminal defense attorney about your charges right away. Whether you’re facing a misdemeanor or felony, any criminal charge could have a lasting impact on your life.
Our criminal defense practice is led by Matt Shafran, a former prosecutor with more than 55 trials, so we know how the state builds a case and where the search and interrogation records tend to be weakest. Click here to schedule a free consultation with an experienced criminal lawyer at Weinstein Legal Team, or give us a call at 888.626.1108 to speak with an attorney right away.
