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People also ask
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What is the purpose and possible grounds for a motion to suppress?
A motion to suppress is a formal request to have certain pieces of evidence excluded from your criminal trial. There are two grounds for filing a motion to suppress, which can be found in Penal Code 15398.5 PC. Both involve unreasonable searches and violations of your Constitutional rights. -
What is a motion to suppress in Massachusetts?
A motion to suppress should be filed when the facts and law strongly support a conclusion that the police violated a defendant's rights, but there may also be good reason to a file a motion to suppress even when the facts and law are not as strong and it is unlikely that the evidence will be suppressed. -
What is a motion to suppress identification in Massachusetts?
Under Article 12 of the Massachusetts Declaration of Rights, an out-of-court identification resulting from an identification procedure arranged by the police may be admissible unless the defendant files a timely motion to suppress before trial and establishes by a preponderance of the evidence that the identification ... -
What are the grounds for motion to dismiss in Massachusetts?
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief. -
What is motion to suppress identification?
A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.
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