A motion to suppress is used to challenger the admissibility of illegally obtained evidence. Article 38.23 provides that"no evidence obtained by an officer or other person in violation of any provisions of the Constitution or law of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case."
In addition, any evidence that the police discover as a result of illegally obtained evidence is also suppressable. For example, the police conduct a traffic stop without a legal reason to do so. During the traffic stop, the police determine that the driver is intoxicated. After arresting the driver for DWI, the police are legally entitled to search the defendants person and vehicle. During the search of the vehicle, the police discover a small amount of cocaine. In this case all of the evidence would be suppressed. When a Defendant files a motion to suppress, the Court will then schedule a hearing. At the hearing the State will be required to prove the legality of the traffic stop, and subsequent search. If the State cannot prove the legality of the traffic stop, the Court will then suppress all of the evidence that the police obtained as a result of the illegal traffic stop.
Keep in mind that consensual searches cannot be challenged with a motion to suppress. Therefore, DO NOT give the police permission to search your person, your car, or your house! You are not being rude if you say no to a police officer.
I am been practicing criminal law in the Dallas Fort Worth metroplex since 2001. If you have any questions about criminal case, please feel free to contact the Law Office of G. Thayer Williamson.