When you are charged with a crime in Indiana, having evidence suppressed can mean the difference between winning and losing your case. The prosecution must prove their case against you beyond a reasonable doubt. Without the right evidence this is sometimes impossible.
Evidence is typically suppressed when it was collected using illegal methods that violated your constitutional rights. This is known as the exclusionary rule, which states that illegally obtained evidence cannot be used against you.
Common situations that can lead to evidence suppression
Police officers need reasonable suspicion to pull you over for a traffic stop. This means they need a specific reason to believe that you committed a crime.
Clocking you as speeding on their radar or seeing you weaving through traffic are examples of when there is likely reasonable suspicion to pull you over. But pulling you over because you “look suspicious” when you have not violated any traffic laws is not reasonable suspicion and any evidence collected during that traffic stop could be suppressed.
Unreasonable searches and seizures are another common reason to request evidence suppression. Generally, police officers must have a warrant or your consent to search your home or vehicle. Without either of these, evidence obtained during the search might be suppressed.
Statements you made to police or prosecutors before being read Miranda warnings could be grounds for suppression. You have a right to remain silent and a right against self-incrimination. Being asked questions or forced to speak without being told of these rights may mean anything you say cannot be used in a case against you.
The procedure for filling a suppression motion
When you file a motion to suppress evidence, you must assert constitutional grounds for your request. For example, the Fourth Amendment protects you from unreasonable searches and seizures, while the Fifth Amendment provides you with the right to remain silent and protects you from self-incrimination.
A motion to suppress evidence should also include the exclusionary rule, verifying to the court that any illegally obtained evidence cannot be used at trial.
Once you file a motion to suppress, you will be scheduled for a suppression hearing. The police officers or other party you allege violated your rights will testify about the circumstances that led to your arrest.
If the judge rules that any of your constitutional rights were violated, they will rule that evidence is inadmissible. This usually results in the prosecution dismissing or substantially reducing your charges, knowing that they do not have the evidence to prove your guilt.
The judge may rule that no constitutional violation occurred and the evidence is admissible. If this happens, depending on the circumstances, you could potentially appeal the ruling.
The role of evidence suppression
Some may view evidence suppression as a legal technicality that allows criminals to get away with their crimes, but evidence suppression is designed to protect your constitutional rights.
Allowing the prosecution to use illegally obtained evidence allows them to benefit from their misconduct. Excluding illegally obtained evidence ensures you receive a fair trial and holds everyone accountable for their actions.