- The cause for the delay in filing the motion prior to the commencement of the trial.
- The waiver of the defendant's right to file a motion to suppress the evidence resulted in actual prejudice to the defendant.
Motions to Suppress Evidence
A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. Timing of Filing the Motion to Suppress Evidence The motion to suppress must be filed prior to the commencement of trial. If the defendant fails to file the motion to suppress evidence prior to trial, the claim is deemed waived. The trial court does have the discretion to permit a late filing of the motion. Generally, the defendant is required to show:
David B. Pastor Intro
Criminal Defense Intro
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1280 Boulevard Way, Suite 212
Walnut Creek, CA 94596
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