Every criminal case depends on evidence. Physical evidence often includes drugs, cash, or property found on or near a person. Physical evidence taken from a person can include blood, breath test samples, or urine. Confessions and defendants’ statements are another form of evidence.
The US Constitution’s Fourth Amendment protects defendants by providing that law enforcement must have probable cause or a warrant to conduct a search or seizure. The US Constitution’s Fifth Amendment protects defendants from self-incrimination and requires the government to use “due process” to take a defendant’s life, liberty, and property. The Sixth Amendment of the Constitution provides that defendants have the right to confront the witnesses against them and have a compulsory process for obtaining witnesses in their favor.
To ensure that these rights are protected from unscrupulous law enforcement officers, the US Supreme Court requires that federal and state courts exclude evidence when law enforcement violates these Constitutional rights. The procedure for excluding illegally obtained evidence is to file a pre-trial motion, called a motion to suppress, where the court can review the conduct of the police to determine if they complied with these Constitutional rights and any other federal or state rights you have to due process and fair play. The review normally involves a hearing where your criminal defense lawyer questions the police officers about their conduct.
The purpose of the exclusionary rule is to deter police misconduct. The rule applies to the evidence the police initially take and to any evidence the police obtain as a result of their initial violation—such as a defendant’s confession after the police obtain drugs—in violation of the Fourth Amendment. This extension of the exclusionary rule to any evidence related to the initial misconduct is called “the fruit of the poisonous tree” rule.
The courts may allow the introduction of evidence if the police act in “good faith” when they violate your rights.
Maryland’s suppression rules
In Maryland, if the court grants the suppression motion, the State cannot introduce the evidence at trial, except for impeaching a witness. There are specific rules for obtaining a reconsideration of this rule before trial. Generally, if the court allows the introduction of tainted evidence, your criminal defense lawyer will file an appeal challenging the court’s ruling – and seeking a new trial or a dismissal of the criminal charges.
What type of evidence can be suppressed in criminal cases?
At Drew Cochran, Attorney at Law, we regularly work to suppress evidence that the police illegally obtained. Without this evidence, your chances of dismissing the charges or a plea bargain to less serious charges increase substantially.
Some of the many areas where we file suppress motions include:
Illegal stops. If, for example, the police stop you and charge you with a DUI or a DWI, the police need to be able to show that they had reasonable grounds or probable cause to believe that you were driving while intoxicated. If the police do not have these grounds, then we will file a motion to suppress any evidence of your DUI/DWI due to the illegal stop. We generally file suppression motions for any type of illegal traffic stop.
Field sobriety tests. The police use these tests to test your physical responses to determine if you are sober after a traffic stop. Field sobriety tests include testing your ability to walk in a straight line, follow an object with your eyes, and stand on one leg. We file a suppression if the police fail to explain how to perform or administer these tests properly.
Breathalyzer tests. The police ask drivers to submit to these tests to examine a driver’s blood alcohol content (BAC). We seek to suppress breath test results if the machines lack proper validation, malfunction, or the police fail to administer the tests promptly and properly.
Blood test results. The police may seek to use blood tests if a driver cannot provide a breath sample – such as when a driver suffers injuries that prevent the driver from giving a breath sample. The police must have proper grounds to take blood from a driver and comply with proper procedures.
Chain of custody issues. The police must properly label, store, and manage any of the items they seize, including chemical results (such as breath, blood, and urine samples) and physical results (such as the drugs they seize or your fingerprints). The police must be able to account for the location of the evidence and who has access to the evidence. If police cannot show each step of their storage and testing of the items they seize from the date of seizure forward, we will file a motion to suppress the evidence because of a break in the chain of custody. Evidence that fails the chain of custody requirement is unreliable and may even be contaminated.
Miranda rights violations. The police must read the defendants’ Miranda rights, which include the right to counsel, the right to silence, the right to stop answering questions at any time, and other rights. A violation of your Miranda rights may be sufficient grounds for suppressing any statements or confessions you make.
At Drew Cochran, Attorney at Law, we use every defense strategy possible to help defendants contest criminal charges and preserve their freedom. In many criminal cases, the outcome of a motion to suppress illegal evidence can be the difference between a successful result and a conviction. To assert all your defenses and talk with an experienced Annapolis and Ellicott City defense lawyer, call me now or fill out my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
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