Can An Attorney Get Evidence Thrown Out?

Pennsylvania Criminal Lawyer Explains Motion to Suppress

Video Transcript:

Rob Rosenthal: 

When can a criminal defense lawyer have evidence suppressed? We're asking Pennsylvania Lawyer Frank Walker for an Ask the Lawyer's Quick Question.

Frank Walker: 

Motion to suppress is essentially, you're telling the court that the government obtained evidence in violation of your fourth amendment rights, or fifth amendment rights, or any other fundamental rights. What does that mean? Let's say they stop your car and for whatever reason they start searching. They don't have a warrant, they don't have probable cause, there's not extenuating circumstances, there's no reason or legal justification for them to search your car or let alone stop your car. But they do it anyway, and they find narcotics, they find an unlawful fire arm, unlicensed fire arm, or they find some other evidence they're gonna use against you and they charge you with crimes. An attorney will file a motion to suppress telling a court, "Judge, they didn't have a legal justification for stopping the car or searching the car. All this was done in violation of my client's rights, and I'm asking you to suppress or exclude that evidence in consideration of the government's case." And that's what a motion to suppress is. And that's typically being filed within 30 days after the formal arraignment when you have all of the discovery.

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