motion to suppress


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motion to suppress

n. a motion (usually on behalf of a criminal defendant) to disallow certain evidence in an up-coming trial. Example: a confession which the defendant alleges was signed while he was drunk or without the reading of his Miranda rights. Since the motion is made at the threshold of the trial, it is a motion in limine, which is Latin for "at the threshold." (See: motion in limine)

References in periodicals archive ?
Gordon granted Phua's motion to suppress evidence gathered in the search of his villa.
Chanti did not rule immediately on the motion to suppress the confession, saying she wanted to take more time to review evidence presented by both sides.
It should not have taken months and a formal motion to suppress the so-called evidence derived from torture to recognize that his military detention is illegitimate.
The defendant filed a motion to suppress testimony from the officer regarding what the defendant said during the interview arguing that his Miranda waiver was no longer valid because he had waived his rights under express expectation that his statement would be preserved by video/audio record.
THE DISTRICT COURT OF APPEAL OF FLORIDA REVERSED THE ORDER OF THE TRIAL COURT DENYING BUTLER'S MOTION TO SUPPRESS USE OF THE VIDEOTAPE.
The Fourth District reversed the trial court's denial of the motion to suppress, finding that although the affidavit stated that a substance found in the one-time trash pull tested positive for cannabis, the affidavit "lacked other sufficient facts" to indicate a fair probability that cannabis would be found in the defendant's home.
After the district court denied his motion, Grubbs pleaded guilty but reserved the right to appeal the court's decision on the motion to suppress.
The order from the 2nd District Court of Appeal to send the case back for sentencing stemmed from Harter's appeal of her conviction, which focused on the legality of a search of her home that resulted in the seizure of the animals and cited inadequacy of counsel for not renewing at trial a motion to suppress evidence based on what she claimed was an illegal search.
Counsel for the defendant, in a motion to suppress, argued that the confession in response to custodial interrogation at the police station was "tainted" by the unwarned statement made in the suspect's living room.
At the criminal proceedings against Nemser, his attorneys filed a motion to suppress the evidence gathered by the security officers, alleging that the entry and search of his room violated the Fourth and Fourteenth Amendments to the Constitution.
Nelson testified during a hearing yesterday in Boston on Reid's motion to suppress a confession he allegedly made after his arrest.
The patient filed a motion to suppress the introduction into evidence of all statements made to hospital personnel and law enforcement authorities on the grounds that the statements were made in violation of the Miranda Rule.