Asked by Jamal Drayton on May 12, 2024
Verified
A motion to suppress evidence might be filed if an officer
A) performed a search without probable cause.
B) seized evidence obtained in a search without probable cause.
C) stopped a suspect for a broken taillight and then charged him with not wearing a seatbelt.
D) performed a search without probable cause, or seized evidence obtained in a search without probable cause.
Probable Cause
A reasonable basis for believing that a crime has been or is being committed, justifying a search or arrest by law enforcement.
Motion To Suppress
A request made to a judge to exclude certain evidence from trial, typically because it was obtained in violation of the defendant's rights.
Seized Evidence
Items or information gathered through legal authority that are used in court to prove the facts of a case.
- Understand the role and objectives of pretrial motions in criminal proceedings.
Verified Answer
AR
Arlette RomeroMay 14, 2024
Final Answer :
D
Explanation :
A motion to suppress evidence is typically filed when evidence is obtained in violation of the defendant's constitutional rights, such as performing a search or seizing evidence without probable cause. Both scenarios described in D are grounds for such a motion.
Learning Objectives
- Understand the role and objectives of pretrial motions in criminal proceedings.