What Is An Iowa Pretrial Motion To Suppress Evidence?
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.
I am Des Moines criminal defense attorney Michael Culp; I’m here to ensure your rights are protected.
Making Motions Work For You
I have extensive experience filing motions to suppress evidence by filing formal papers prior to court. I will look at all evidence and file briefs challenging any action that violated your constitutional rights. I will appear in court if a hearing is scheduled to argue in your favor.
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If you or a loved one is facing an OWI charge, drug charge or any other criminal charge, I can examine your case to help mitigate the consequences.