Holding the Line Between the Police and Private Citizens
What is a motion to suppress? Our Constitution draws a line between the police and private persons. A motion to suppress seeks to hold that line. Strong lawyering can show that a police officer did not have the right to look through a person’s private property or put their hands on a person’s body.
Privacy Rights Under the Fourth Amendment
Under the Fourth Amendment, you have a constitutional right to privacy. Our courts have said that a suppression motion is not determined based on what the search eventually turns up. It does not matter that the person may have had something illegal. We have decided as a society that our democracy prevents officers from seizing our property or our bodies and searching us at will without a sufficient level of justification.
Excluding Evidence Can Shift the Entire Case
Prosecutors do not just argue the law, they advocate a vision of expansive police power. For that reason, the defense attorney must rely not just on what previous cases have said, but they must also argue what the law ought to be. The defense lawyer identifies the point at which the officers impermissibley crossed the line. If successful, the evidence is thrown out of court.
What Is the Legal Definition of a Motion to Suppress?
The legal authority for a motion to suppress is the Fourth Amendment of the United States Constitution, Article 14 of the Massachusetts Declaration of Rights and certain statutes. These authorities specify that government officials are prohibited from searching a person or that person's property without sufficient justification.
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If there was a search in your case, your lawyer can request a hearing. At the hearing your lawyer will have the opportunity to cross-examine the officers who conducted the search. The judge will look at previous cases as precedents which have identified the different situations in which a search was declared to be illegal. If the judge rules that the search in your case was illegal then the evidence will be suppressed at trial. That means that the evidence is effectively thrown out of court. This is true even if the evidence was an illegal item such as a gun or drugs.
When Suppression May Apply
Under our constitution, we have the right to be free from unreasonable searches. If the police search a person or a person’s property without a warrant, the burden is on the government to prove that the search was justified.
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Even if the search was conducted with a warrant, the defendant may argue that the warrant was not supported by probable cause and that the search was therefore unconstitutional. Whether or not a search was justified depends on the facts of each individual case. Previous cases have defined the scope of the government’s power to search private individuals.
PRIOR CASES
Lown Law Firm Wins Motion to Suppress
Police officers stopped Attorney Lown's client in Dorchester after claiming that he was acting "suspicious" while riding as a passenger in a car. After Attorney Lown cross-examined three officers, the Honorable Judge Breen in Dorchester agreed that the officers did not have the authority to stop the car and order the client out of the vehicle. The evidence was suppressed and the case was dismissed.
Motion to Suppress FAQ
What does it mean to “suppress” evidence?
It means the court excludes evidence obtained through an unlawful search or seizure, so it cannot be used against the defendant at trial.
Does it matter if police found something illegal during the search?
Not for purposes of deciding whether the search was legal. Suppression is based on constitutional limits, not on what was found.
What happens at a suppression hearing?
Your lawyer can request a hearing and cross-examine the officers involved. The judge then decides whether the search was lawful.
Can evidence be suppressed even if there was a warrant?
Yes. A defendant may argue the warrant lacked probable cause or that the search was otherwise unconstitutional.
What types of cases often involve suppression issues?
Any case involving a stop, frisk, search of property, or seizure of evidence can raise suppression issues—including cases involving guns or drugs.
Find Out Whether Evidence Can Be Suppressed in Your Case
If police searched you, your vehicle, or your property, a motion to suppress may be one of the most important tools available in your defense. Lown Law Firm can review the facts, analyze the legality of the search, and determine whether suppression is a viable strategy.