Understanding Motions to Suppress Evidence

Understanding Motions to Suppress Evidence

Criminal Defense Attorney

Understanding Motions to Suppress Evidence

A motion to suppress evidence is a request from the defendant for the judge to exclude certain evidence from the trial. The request is typically made well before a case goes to trial and if the defendant wins, the case can also be dismissed. Whether the decision is appropriate or not depends on the significance of the evidence.


A piece of evidence that undergoes a motion to suppress judgement is common in search and seizure cases. For example, some defendants can argue evidence should be suppressed in lieu of an unfair or biased judgment.


Illinois Law Pertaining To Evidence Suppression


In Illinois, determining whether the arresting officer had sufficient cause necessary to act can be considered during a motion to suppress hearing. Sufficient cause can be anything from conducting a search with or without a warrant, to arresting the defendant without probable cause.


In most cases, before a court can issue a search or an arrest warrant, the court must determine probable cause to act. Some conditions may require a warrantless search or seizure of evidence, depending on the facts surrounding the case.


Determining probable cause to suppress evidence acquired during an arrest can be challenging. These two requests are often provided as part of a single motion. Note, we said ‘motions’ not ‘argument.’ A motion addresses law issues – such as whether the arresting officer was justified in his/her actions, while an argument determines facts of the trial.


If a defendant committed an alleged crime, but police used legally unviable actions to make the arrest or seize property, the exclusion of evidence collected due to the arrest may be forfeit. The result can lead to a dismissal of all charges – provided the defendant has a professional, experienced, and meticulous attorney. As a defendant, you can plead guilty, but should do so only if your attorney deems it wise.


If you are in search of such an attorney in Palos Heights, IL, get in touch with us at Michael D. Ettinger & Associates today. We have years of experience winning such cases, as well as other complex criminal charges. Our success record actually dates back to decades of defending clients who face a range of charges, including DUIs, weapon possessions, white collar crimes and property crimes. Get in touch with us for a consultation today. Whether your case falls under municipal, federal, or state court, we can ensure your rights are protected.