If you’re facing criminal charges in Maryland, your attorney may file a motion to suppress as part of your defense strategy. This powerful legal tool can prevent the prosecution from using certain evidence against you at trial—potentially weakening their case or even getting it dismissed altogether.
In this post, we explain what a motion to suppress is, when it can be used, and how it plays out in Southern Maryland courts.
What Is a Motion to Suppress?
A motion to suppress is a formal request made by the defense asking the judge to exclude specific evidence from being introduced at trial. The basis of the motion is usually that the evidence was obtained in violation of the defendant’s constitutional rights—most often under the Fourth Amendment (unlawful searches and seizures), the Fifth Amendment (self-incrimination), or the Sixth Amendment (right to counsel).
Common examples of evidence targeted in a motion to suppress include:
- Drugs, weapons, or other items seized during an illegal search
- Statements made during a custodial interrogation without a Miranda warning
- Eyewitness identifications tainted by improper procedures
- Evidence derived from a bad traffic stop
In short, if your rights were violated during a police investigation, a motion to suppress may be the key to protecting your freedom.
Grounds for Filing a Motion to Suppress in Maryland
A skilled Southern Maryland criminal lawyer will evaluate your case to determine whether there are legal grounds to file a motion to suppress. Some of the most common include:
1. Illegal Search or Seizure
Police must have probable cause or a valid warrant to conduct a search. If law enforcement searches your car, home, or person without proper legal justification, any evidence they find may be excluded.
2. Improper Traffic Stops
If you were pulled over without reasonable suspicion, anything that followed—like a search or arrest—may be challenged. This is especially relevant in DUI, drug, and firearm cases.
3. Lack of Miranda Warnings
If you were in custody and subjected to interrogation without first being read your Miranda rights, your statements may be inadmissible in court.
4. Coerced Confessions
Statements made under duress or pressure from law enforcement can be thrown out if they weren’t voluntary.
5. Unlawful Arrest
If the arrest itself was unlawful—say, due to mistaken identity or lack of probable cause—any evidence obtained as a result may also be suppressed.
The Suppression Hearing: What to Expect
After the motion is filed, the court will schedule a suppression hearing, sometimes called a motions hearing. At this hearing, both sides can present evidence and question witnesses—including police officers.
The judge will decide whether the evidence in question was obtained legally. If the judge rules in your favor, that evidence cannot be used at trial.
In some cases, a successful motion to suppress can significantly weaken the prosecution’s case—leading to a reduction in charges, a plea deal, or even a case dismissal.
Why Motions to Suppress Are Critical in Criminal Defense
Motions to suppress are one of the most important tools in a criminal defense attorney’s arsenal. They force the prosecution to prove that law enforcement respected your rights and followed proper procedures. In many cases, when key evidence is excluded, prosecutors are left with little to work with.
For example, if drugs are found during an illegal search, and that evidence is thrown out, the State may not have enough to proceed. Similarly, if a confession is ruled inadmissible, it may be the difference between conviction and acquittal.
How a Southern Maryland Criminal Lawyer Can Help
Navigating a criminal case in Maryland isn’t easy, especially when constitutional rights and procedural rules are involved. A knowledgeable defense attorney can identify legal issues early in your case and file timely motions to suppress evidence that was illegally obtained.
At Southern Maryland Criminal Defense, we fight hard to protect your rights. Whether you’re facing charges for DUI, drug possession, assault, or a weapons offense, we’ll thoroughly review the facts and explore every opportunity to challenge the evidence against you.
Get a Free Consultation Today
If you believe your rights were violated during an arrest or police investigation, don’t wait. Call us now or schedule a free consultation with a proven Southern Maryland criminal lawyer who understands how to use a motion to suppress to protect your future.
