If you're facing criminal charges in Texas, the evidence against you matters, but so does how that evidence was obtained. When law enforcement violates your constitutional rights in the process of gathering evidence, you may have the ability to have that evidence thrown out entirely. The legal tool that makes this possible is called a motion to suppress, and in the hands of an experienced criminal defense attorney, it can be one of the most powerful weapons in your defense.
What is a Motion to Suppress?
A motion to suppress is a pre-trial motion in which a defendant asks the court to exclude specific evidence that was obtained in violation of their statutory or constitutional rights. In Texas, the rules governing pre-trial hearings and motions to suppress are found in Article 28.01 of the Texas Code of Criminal Procedure.
Timing matters when trying to use a motion to suppress. These motions must generally be filed before trial, and courts often set strict deadlines for doing so. Failing to file on time can result in a waiver of the issue, meaning you could permanently lose the ability to challenge that evidence. This is one of many reasons why getting experienced legal counsel involved early in your case is so important.
Once a motion to suppress is filed, a judge can conduct a hearing on the matter. At that hearing, testimony is taken, evidence is presented, and the judge determines whether the stop, detention, search, or seizure at issue was legally justified. Importantly, once a defendant establishes a basis for the motion, the burden shifts to the State to prove that the search or seizure was lawful.
When Are Motions to Suppress Used?
Motions to suppress most commonly arise when there's an allegation that law enforcement violated your Fourth Amendment right against unreasonable searches and seizures. While this can come up in a variety of situations, a few scenarios appear before the courts most frequently.
- Unlawful traffic stops or detentions: Before an officer can legally detain you, they must have reasonable suspicion that you have been, are currently, or are about to be engaged in criminal activity. If that reasonable suspicion doesn't exist and an officer detains you anyway, any evidence obtained as a result of that detention may be suppressible.
- Arrests without probable cause: Probable cause is a higher standard than reasonable suspicion. It requires facts and circumstances within the officer's knowledge that would lead a reasonable person to believe a crime has been committed. If an officer makes an arrest without meeting that standard, evidence stemming from that arrest may be excluded.
- Searches conducted without a warrant or valid exception: Not every search requires a warrant, but when an officer conducts a search without one and no valid exception applies, the resulting evidence may be challenged and potentially excluded from trial.
What Happens If a Motion to Suppress Is Granted?
When a motion to suppress is granted, the court excludes the challenged evidence from trial. This doesn't just apply to the specific piece of evidence; it can also extend to any evidence that flows from that unlawful search or seizure, a legal principle known as the "fruit of the poisonous tree" doctrine.
The impact of a successful motion to suppress depends heavily on how central the excluded evidence was to the State's case.
In many situations, the consequences for the prosecution are significant, such as:
- If the suppressed evidence was central to the State's case, such as drugs found during an illegal search, a firearm tied to a felony charge, or digital evidence pulled from a phone, the State may no longer have enough to continue its prosecution, potentially resulting in a full dismissal of your charges.
- Even when the suppressed evidence isn't the centerpiece of the case, its exclusion can substantially weaken the State's remaining evidence, potentially leading to more favorable plea negotiations or a significantly reduced charge.
Either way, a well-executed motion to suppress can change the trajectory of your case in ways that few other legal tools can.
Protect Your Rights Starts Before Trial – Call Our Firm
Motions to suppress serve as one of the most important safeguards against unconstitutional police conduct. They hold law enforcement accountable to the standards set by the Constitution and protect your right to privacy in the process.
At Cofer & Connelly, PLLC, we know how to find the weaknesses in the State's case and when a motion to suppress might be effective. Our team brings more than 200 years of combined legal experience to every case we handle, and our attorneys include former prosecutors and judges who understand exactly how the other side approaches these issues. We've taken more than 300 cases to jury trial and have maintained a 95% success rate in criminal defense, because we leave no stone unturned when it comes to protecting our clients.
If you're facing serious criminal charges and believe your constitutional rights may have been violated during a search or seizure, don't wait. Call (512) 991-0576 now to request an initial consultation.
