suppression of evidence


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suppression of evidence

n. 1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. 2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial, or reversal on appeal, as well as contempt of court for the prosecutor. (See: evidence)

References in periodicals archive ?
"To reiterate, it appearing that the nature of the testimonies of accused additional sur-rebuttal witnesses is merely corroborative, their presentation may be dispensed with and their non-presentation does not constitute suppression of evidence," Reyes added in her order.
Suppression of Evidence; Application of Sentencing Enhancement
Arthur Kelsey said the exclusionary rule demands a high level of constitutional violation to justify suppression of evidence. At the time of the search, court decisions had not clarified that the automobile exception must yield to the sanctity of the home when a vehicle is parked sufficiently close to a residence, the court said.
Accordingly, he sustains that the district court erred in denying the suppression of evidence obtained as a result of the search, namely, any reference to the temperature of his vehicle's hood and grill.
If its actions are found to be coerced, the corporation may be considered a "state actor," and its conduct in the investigation could be unconstitutional and/or lead to the suppression of evidence.
While some federal courts hearing cases arising from this investigation have upheld the warrant as lawful, others have ordered the suppression of evidence based solely on the lack of clear venue in the current version of the rule.
With substantial experience handling search and seizure issues, Meital Manzuri has consistently succeeded in the suppression of evidence unlawfully obtained by police officers.
In the years since, Powell contends, little has changed at what she labels in a chapter heading, the "Department of In Justice." Despite Holder's promise to clean up the mishandling of prosecutions, key figures involved in the suppression of evidence in the cases Powell describes have not only been spared retribution, but have either been promoted within the government or have moved on to lofty positions in prestigious law firms.
"The sad part of this story is not the suppression of evidence but that the relevant organisations have failed to address this problem.'' The 20 girls identified had all come from troubled homes and most had been sexually abused by family members.
Mr Godsi's EDM stated: 'at this House remembers that his conviction was based on the intimidation of witnesses and the suppression of evidence and expresses sympathy for his suering during his time in prison, when he was subjected to solitary connement and torture.
WORCESTER -- Denying a prosecution motion asking her to reconsider, a judge has reaffirmed her suppression of evidence against two of the three men charged with murder in the 1994 disappearance of Kevin Harkins.
John Whitmire, D-Houston, and passed by the Senate last month, would extend the statute of limitations for offenses involving the suppression of evidence by prosecutors.

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