# 388) What is a Motion to Suppress? - скачать в хорошем качестве

# 388) What is a Motion to Suppress? -

Thanks for asking me “What is a Motion to Suppress?” The textbook answer is that a #MotionToSuppress is a written pleading that’s prepared, filed, calendared, noticed & then litigated by a #CriminalDefenseLawyer alleging that some item, or items, of #Evidence was illegally obtained through some form of #Police or governmental misconduct, usually either an #UnlawfulSearch or #UnlawfulSeizure. In simpler terms, a Motion to Suppress is a request by the defense that the #Court “shit can” some or all of the #StateEvidence in your case, but in reality & practice it’s not quite that simple. First off the government rarely, if ever, stipulates / agrees to a Motion to Suppress. In virtually every instance a given #Prosecutor will fight tooth & nail in an all out effort to keep their evidence in, arguing every which way that there was absolutely no illegal, inappropriate or unconstitutional behavior by the government, & even if there was then there are independent reasons for the evidence to be admitted. Still, if a Defendant has #Standing to ask - “standing” means that the Defendant has the right to bring the matter to the Court’s attention - & the #DefenseLawyer has a #GoodFaithBasis to allege a violation & seek #Suppression as remedy, then a Motion to Suppress will be heard & adjudicated. Motions to Suppress are Pretrial, #EvidentiaryHearings decided by a #Judge after reviewing evidence & hearing argument. The defense starts the ball rolling by filing a physical Motion & then presenting a #PrimaFaciaCase. If accomplished then a presumption of illegality or impropriety arises which, as mentioned, the State will employ every trick in the book as they effort at rebutting the presumption. In the end, after considering all things, the Judge will either grant the motion & exclude the evidence or deny the motion, leaving the evidence presumptively admissible (it’s presumptive as the State must still jump through all of the necessary predicate hoops to get it into evidence during a subsequent #Trial). Thank you for your question, I appreciate your having asked it. Remember at #HaberPA it’s all about #ReasonableDoubt & if you like this video then please subscribe to #MichaelHaberLaw as we’ll be putting out more soon! Please note that no #AttorneyClientRelationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of your watching this VideoFAQ. Further any & all information which is both contained in & may be construed from #isMichaelHaberLaw is generic in nature, should only be considered as informational & not as actual legal advise for a specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA as follows: Office Phone: 305-381-8686 Toll Free Phone: 1-888-SHARK-8-1 Cellular Phone / Text: 305-798-2220 Website: www.criminallaw.miami E-Mail: Sharky910@aol.com / MAH@HaberPA.com Facebook: www.facebook.com/Miami.Criminal.Lawyer X /Twitter: @Sharky910 Read our #ClientReviews @ https://www.avvo.com/attorneys/33181-... #HaberPA Crime Criminal Law Criminal Lawyer Criminal Defense Criminal Defense Lawyer Miami Criminal Law Miami Criminal Lawyer Miami Criminal Defense Miami Criminal Defense Lawyer Criminal Attorney Criminal Defense Attorney Ft. Lauderdale Criminal Law Ft. Lauderdale Criminal Lawyer Ft. Lauderdale Criminal Defense Ft. Lauderdale Criminal Defense Lawyer Ft. Lauderdale Criminal Law Attorney Ft. Lauderdale Criminal Attorney Ft. Lauderdale Criminal Defense Attorney Broward Criminal Law Broward Criminal Lawyer Broward Criminal Defense Broward Criminal Defense Lawyer Broward Criminal Law Attorney Broward Criminal Attorney Broward Criminal Defense Attorney Palm Beach Criminal Law Palm Beach Criminal Lawyer Palm Beach Criminal Defense Palm Beach Criminal Defense Lawyer Palm Beach Criminal Law Attorney Palm Beach Criminal Attorney Palm Beach Criminal Defense Attorney DUI Driving Under the Influence DUI Law DUI Lawyer DUI Attorney Miami DUI Miami DUI Lawyer Miami DUI Attorney Ft. Lauderdale DUI Ft. Lauderdale DUI Lawyer Ft. Lauderdale DUI Attorney Broward DUI Broward DUI Lawyer Broward DUI Attorney Palm Beach DUI Palm Beach DUI Lawyer Palm Beach DUI Attorney US Constitution 4thAmendment The4th Arrest Warrant Search Warrant Warrant Requirement Warrantless Search Illegal Search Police Cops #UPx2 Shut-Up and Lawyer-Up Invoke The 5th and The 6th Probation Officer Probation Warrant Law Enforcement Writ of Bodily Attachment Contempt of Cop Gratuitous Charges Set-Aside Warrant Vacate Warrant Quash Warrant Motion to Suppress Motion to Dismiss Suppress Evidence Fruit of the Poisonous Tree Pat Down Search Outer Garments Reasonable Expectation of Privacy Officer Safety Weapon Deadly Weapon Firearm Legal Impossibility Terry Stop Terry Search Stop and Search Motion to Suppress Suppression of Evidence Evidentiary Hearing Prima Facia Case Rebuttable Presumption