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What is a Motion to Suppress | Houston Criminal Law

Dan Cogdell | 1338 Views | 08/26/2015

What is a Motion to Suppress or Suppression Hearing

Hello. My name is Dan Cogdell. I’m a lawyer here in Houston. I’ve been practicing criminal defense work here for 32 years. Let’s talk about what a motion to suppress is or a suppression hearing. To be clear, if a lawyer believes that evidence was illegally obtained from his client, he has an obligation or a duty to file what’s called a motion to suppress.

The lawyer might believe that the evidence was illegally obtained, because it was obtained without a proper search warrant, without a warrant at all, in violation of a client’s rights, in violation of an expectation of privacy, an illegal search of his house, an illegal search of his car, an illegal search of his business.

Motion to Suppress Court Process

There can be a plethora of different instances where a lawyer might have a good faith basis to believe that the evidence was illegally obtained. If he discovers that, it’s his obligation to file a motion to suppress. At that point the state gets to respond, sometimes in writing, sometimes in person, but usually there is a hearing in which the judge then determines.

Based upon the evidence, usually police officers or those present at the scene, sometimes the defendant, but the judge determines after a hearing, whether or not the motion to suppress should be granted or denied. If the judge agrees with the defense that the evidence was illegally obtained, that evidence can’t be used at any point during the trial, nor can it be referred to.

Cogdell Law Firm

So motions to suppress, although they are rarely granted, motions to suppress can have a significant factor in the outcome of a case. Look, we don’t have enough time to discuss the fourth amendment to the United States constitution, and article one, section nine of the Texas constitution. That’s literally courses in law school deal with that, and then some.

But here is the point, if you have a question about whether or not evidence was lawfully obtained in your situation, or that it’s being used in your case, call us. We’re happy to discuss those issues, we’re happy to give you our opinion, and we’re happy to help if we can. Thank you for watching.

By: Dan Cogdell

What is a Motion to Suppress | Houston Criminal Law

What is a Motion to Suppress or Suppression Hearing

Hello. My name is Dan Cogdell. I’m a lawyer here in Houston. I’ve been practicing criminal defense work here for 32 years. Let’s talk about what a motion to suppress is or a suppression hearing. To be clear, if a lawyer believes that evidence was illegally obtained from his client, he has an obligation or a duty to file what’s called a motion to suppress.

The lawyer might believe that the evidence was illegally obtained, because it was obtained without a proper search warrant, without a warrant at all, in violation of a client’s rights, in violation of an expectation of privacy, an illegal search of his house, an illegal search of his car, an illegal search of his business.

Motion to Suppress Court Process

There can be a plethora of different instances where a lawyer might have a good faith basis to believe that the evidence was illegally obtained. If he discovers that, it’s his obligation to file a motion to suppress. At that point the state gets to respond, sometimes in writing, sometimes in person, but usually there is a hearing in which the judge then determines.

Based upon the evidence, usually police officers or those present at the scene, sometimes the defendant, but the judge determines after a hearing, whether or not the motion to suppress should be granted or denied. If the judge agrees with the defense that the evidence was illegally obtained, that evidence can’t be used at any point during the trial, nor can it be referred to.

Cogdell Law Firm

So motions to suppress, although they are rarely granted, motions to suppress can have a significant factor in the outcome of a case. Look, we don’t have enough time to discuss the fourth amendment to the United States constitution, and article one, section nine of the Texas constitution. That’s literally courses in law school deal with that, and then some.

But here is the point, if you have a question about whether or not evidence was lawfully obtained in your situation, or that it’s being used in your case, call us. We’re happy to discuss those issues, we’re happy to give you our opinion, and we’re happy to help if we can. Thank you for watching.

By: Dan Cogdell