An order from a judge that denies a motion to suppress means that the court denies an attempt to suppress evidence in a case. The prosecution and the defense can file a legal motion called a motion to suppress to prevent evidence from becoming part of a criminal trial.
For example, let us say that you are accused of driving under the influence (DUI). A police officer makes you take a blood alcohol content (BAC) test. Our Los Angeles DUI lawyers can file a motion to suppress the results of this test if we feel it was given incorrectly.
The court then has a decision to make. Do they approve the motion or do they deny it? If they deny it, the motion fails and the evidence can be entered into trial. This means it can be used in your criminal case.
What Is a Motion to Suppress?
A motion to suppress is a request to the court to forbid a piece of evidence from being used in a criminal trial. This is done before the trial happens during motion hearings. These are done so the jury only hears about the permitted evidence that both sides consider acceptable.
Some common reasons for filing a motion to suppress include:
- Unlawful search and seizure – The evidence was obtained through an illegal search or seizure that violated your Fourth Amendment rights.
- Lack of probable cause – The police must have sufficient probable cause to search or arrest you.
- Miranda violations – If the police didn’t advise you of your Miranda rights (right to remain silent and right to an attorney) before an interrogation, your statements made to the police could be suppressed.
- Coerced confessions – A confession cannot be obtained through coercion, threats, or promises of leniency.
- Chain of custody issues – Evidence may not be authentic or reliable if there are questions about the handling, storage, or documentation of evidence.
- Violation of the right to counsel – If you said you wanted a lawyer but questioning continued without an attorney present, your lawyer may move to suppress your statements.
- Fruit of the poisonous tree – If legal evidence was discovered because an earlier illegal search, seizure, or interrogation, it can be denied under this legal doctrine.
The goal of a motion to suppress is to prevent the prosecution from using evidence obtained illegally or that violated your constitutional rights. Penal Code (PEN) §1538.5 allows lawyers to file a motion to suppress. You may hear California lawyers call a motion to suppress a 1538.5 motion.
Why Might a Judge Order a Denial of a Motion to Suppress?
Denying the motion to suppress means that the prosecution can continue to use the evidence. Note that the judge can also partially approve a motion to suppress. This means that the judge decides to block some of the evidence, but not all of it.
Lawyers must explain why evidence should be suppressed when they write a motion to suppress. A denial means that the court finds that the reasons given were not good enough to convince the court to suppress the evidence.
The judge will consider the facts and circumstances of your case, review the applicable evidentiary laws, and hear arguments from both sides about the motion before making a decision. Note that suppressed evidence in one trial could be used in another court matter, like a civil trial or deportation hearing.
An Example of an Order Denying a Motion to Suppress in a DUI Case
Let’s say an officer pulls you over for swerving and driving erratically. After pulling you over, there are clear signs you’ve been drinking, you admit to drinking earlier in the evening, you fail field sobriety checks. The officer arrests you and a blood test taken at the station shows you’re over the limit.
A DUI attorney may file a motion to suppress to remove the field sobriety tests and the blood test results. Their reason is that the officer didn’t have probable cause to conduct the tests in the first place, which led to an unlawful arrest.
The judge then files an order to deny the motion to suppress based on:
- The officer had probable cause because of the swerving.
- The officer observed physical signs of intoxication.
- The driver admitted to drinking.
- These factors, combined with the poor field sobriety tests, establish probable cause for arrest.
- Since the arrest was lawful, the police could take your blood for testing, so the results are valid for trial.
The judge found the officer’s actions were justified and lawful at each stage of the encounter, so there is no reason to approve the motion to suppress. Hence, they will deny the motion.
Contact a DUI Lawyer for More Information
What does an order denying a motion to suppress mean in California? It means that the court will not block a piece of evidence in a criminal case. Your DUI lawyer will file motions to suppress to keep evidence out of your trial that would harm your chances.
Even if a motion is denied, your lawyer may have other strategies to help you get the best result possible. If you need a DUI lawyer and live in the Los Angeles Metro Area, contact our firm today for a free consultation.
