Strictly speaking, a pretrial motion to suppress evidence challenges the admittance of evidence in court based on constitutional grounds. If the police violated a suspect's constitutional rights while collecting evidence, and the attorney files a successful motion to suppress, the evidence cannot be used against the suspect in the criminal case. Police may have failed in one of these areas:
- Reasonable search and seizure — The Fourth Amendment provides citizens the right to be free from unreasonable search and seizure by requiring all searches to be supported by probable cause.
- Incrimination — Under the constitution, no person may be forced to testify as a witness against himself and any confession obtained through interrogation techniques when an individual was uninformed about his right to remain silent may not be admissible in court.
- Due process — Citizens are constitutionally protected against abuse of government authority, meaning that laws should be written so a person can reasonably understand criminal activity.
If you have been charged with a crime, it is important to have an advocate look at all evidence to ensure that it was properly and legally obtained. If it was not and you do not file a pretrial motion, you will be waiving any objection to the admission of evidence based on constitutional grounds. A pretrial motion is absolutely critical in putting forth the strongest possible defense. We are here to ensure your rights are protected.
Making Motions Work For You
We have extensive experience filing motions to suppress evidence by filing formal papers prior to court. We will look at all evidence and file briefs challenging any action that violated your constitutional rights. We can appear in court if a hearing is scheduled to argue in your favor.
If you or a loved one has been charged, it is critical to reach out as soon as possible to begin protecting your rights.
To discuss pretrial motions to suppress evidence in Iowa with one of our Des Moines criminal defense lawyers, call 515-288-3333 or email the firm.