Most people have heard of a "Motion to Suppress", but do not know what it means. A motion to suppress  is filed to keep out evidence where there is an illegal search and seizure. If the search or seizure is found to be illegal, then all evidence derived from the search is excluded at trial. This is the "fruit of the poisonous tree." This means that all evidence developed as a result of the search and seizure is excluded at trial.

For example, if someone is walking down the street minding his own business and a police officer stops him and conducts a search of his person and finds drugs, that is an illegal search. The officer does not have any reason to search the individual. There is no reasonable suspicion that a crime had been committed. The drugs are the "fruit of the poisonous tree" and can be excluded at trial.

You should be aware that if you give permission to the police officer to search your person, car, or home, the officer can conduct the search. They will frequently seek your permission to conduct the search. It is okay to say "no." You are not obligated to give permission.

Now, if an officer stops you for speeding and sees drugs or guns through the window, the officer can search your car. This is permissible under the "plain view doctrine." If something is in plain view and indicates that a crime has been committed, the officer can seize the evidence. However, if the officer stops you for speeding, he cannot search your trunk or look in the center console without some indication that a crime has been committed.

If there is a suppression issue, a motion must be filed in writing. There will then be a hearing on the suppression issue. Police officers and the accused can all testify at the hearing. Bodycam video can be played as well. The judge will then decide whether the evidence should be suppressed.

Many times the charges will be dropped if the evidence is suppressed. However, in some cases, there is independently developed evidence that can be used to convict you even if the Motion to Suppress is granted. For example, in a driving under the influence case, the breathalyzer result may be excluded. Yet, the field sobriety tests, odor of alcohol, and other factors may be enough for the State to sustain a conviction.

The Fourth Amendment of the United States Constitution protects the accused from an illegal search and seizure. It is one of the most important Constitutional protections.