Ensure Constitutional Rights with Suppression Motions
What is a motion to suppress in Oklahoma courts?
I’m Tulsa criminal defense attorney James Wirth, and that’s the question we have today. As attorneys, we have many different tools available in court, and one of those is the motion to suppress. This tool comes up in criminal cases—whether the prosecution is by the state, a city, the federal government, or a tribal court—where you’re facing potential jail time, fines, or other penalties.
When a Motion to Suppress is Used
A motion to suppress is filed when there’s an argument that your rights were violated. This often involves constitutional rights, such as:
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- An unreasonable search and seizure—for example, a search without a warrant or probable cause, or a search carried out improperly or in bad faith.
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- Statements made under duress or in violation of Miranda rights.
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- Other circumstances where law enforcement overstepped legal boundaries.
The Importance of Suppression
The courts have long recognized that there must be a remedy when citizens’ rights are violated. That remedy is suppression of the evidence obtained illegally. By filing a motion to suppress, the defense argues that the prosecution should not be allowed to use that evidence in court. If the government were allowed to benefit from violating rights, it would only encourage more violations.
Suppressing the evidence essentially punishes the government by excluding what was unlawfully obtained. Once evidence is suppressed, the question becomes: does the prosecution still have enough left to prove its case beyond a reasonable doubt? If not, the charges may need to be dismissed.
Protecting Your Rights
This safeguard is critical to holding police, prosecutors, and government agencies accountable and to ensure they respect constitutional rights. So, in short, a motion to suppress is how you enforce your rights in a criminal case.
Schedule a Strategy Session
If you’re facing criminal charges in Oklahoma, don’t rely only on general information. Talk to a Tulsa felony defense attorney privately and confidentially about your specific circumstances to find out what legal strategies apply to your case.
To schedule an appointment with my office, visit MakeLawEasy.com or call 918-879-1681 for a low-cost initial strategy session.
