Understanding the Motion to Suppress in Pennsylvania Criminal Cases

Navigating the complex landscape of criminal law can be daunting, especially when facing charges in Pennsylvania. One crucial tool that defendants and their attorneys can employ to protect their rights and challenge the evidence against them is the motion to suppress.  A suppression motion in Pennsylvania is a request to exclude evidence from a criminal trial because it was obtained in violation of the defendant's constitutional rights.

What is a Motion to Suppress?

The motion to suppress is governed by Pennsylvania Rule of Criminal Procedure 581.  In the simplest sense, it is a formal request made by a defendant to exclude specific evidence from being presented at trial. The primary purpose of this motion is to prevent the introduction of evidence that has been obtained in violation of the defendant's constitutional rights, such as illegal searches and seizures, coerced confessions, or improperly conducted police procedures.  They are often employed in cases involving questionable vehicle stops.

Legal Grounds for a Motion to Suppress

In Pennsylvania, there are several legal grounds upon which a motion to suppress can be based:

1. Fourth Amendment Violations: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If evidence is obtained through an illegal search or seizure, such as a warrantless search or an improperly executed search warrant, it can be suppressed.
2. Fifth Amendment Violations: The Fifth Amendment guarantees the right against self-incrimination. If a defendant's statements or confessions are obtained in violation of this right, such as being coerced or made without being informed of their Miranda rights, the statements can be suppressed.
3. Sixth Amendment Violations: The Sixth Amendment guarantees the right to effective assistance of counsel. If a defendant's statements or confessions are obtained in violation of their right to counsel, the evidence may be suppressed.
4. Pennsylvania Constitution and Statutory Violations: Pennsylvania's constitution and state laws also provide additional protections for defendants. For example, the Pennsylvania Wiretapping and Electronic Surveillance Control Act regulates the interception and disclosure of wire, electronic, and oral communications. If evidence is obtained in violation of these state-specific protections, it can be suppressed.

What Happens if the Motion to Suppress is Granted?

If a motion to suppress is granted, the evidence in question will be excluded from the trial, which can significantly impact the Commonwealth's case against the defendant.  This can be beneficial to the defendant in a number of ways.  In some cases, the suppression of key evidence can lead to the dismissal of charges or a reduction in the severity of the charges. Additionally, a successful motion to suppress can serve as a bargaining tool during plea negotiations.

Contact Us Today

If you or a loved one are facing criminal charges, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case. Criminal charges can have life altering ramifications. Do not wait, call us today so that we can help ensure that your rights are protected.