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Waller v. Florida

Motion To Suppress

A motion is an official request for a court or judge to issue a ruling or order for some act to be done in favor of the party making the request. Hence, a motion to suppress evidence is a request for evidence to be suppressed or not be admitted in a criminal trial. Motions to suppress evidence usually are filed when a defendant believes evidence was obtained illegally in violation of his or her constitutional rights. A written motion must include the specific request as well as the reasons for the request. In addition, a written motion also may include references to other cases that support the request.

After a judge receives a motion to suppress, he or she has two options. First, the judge may grant or deny the motion as a result of the motion's contents alone. Second, the judge may set up a hearing. A motion hearing permits each party to argue in support of its position and allows the judge to ask questions about the facts of the case.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972Waller v. Florida - Significance, Motion To Suppress