A party may move to suppress the use of a piece of evidence, an expert or a deposition. This motion is normally made if the use of the person or object under question would be invalid or would cause prejudice that would outweigh its value in court or to the jury.
Motions to suppress evidence are generally based on constitutional grounds, citing that the evidence, though relevant, was obtained improperly. The constitutional grounds, primarily applicable in criminal actions, help ensure three key provisions:
- Ensure the safeguards of due process.
- Preserve limitations on self-incrimination.
- Provide protections against unreasonable search and seizure.
A potential for prejudice by the jury is often determined by observing an error or irregularity. The motion to suppress must be made promptly after the error or irregularity is noted. The burden of proof rests on the moving party to prove the need to suppress the item of evidence, the deposition or the expert.
This means that the moving party must persuade the court that the value of the evidence is outweighed by the prejudice caused by introduction of the item. If the burden of proof is met, then the court will rule to exclude the evidence before the trial begins.
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
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- Español for Law Enforcement
- Amplified DNA Product Separation for Forensic Analysts