Burlington County, NJ Law Blog

Saturday, September 23, 2017

Motions to Suppress Evidence in New Jersey

What are the grounds for suppressing evidence in New Jersey?

If you are facing criminal charges and have concerns about some of the evidence that the state intends to use against you, you may wish to have the evidence suppressed or deemed inadmissible in court.  To successfully move to have evidence excluded, you will need to file a motion to suppress evidence with the assistance of your experienced criminal defense lawyer.  Suppression motions must be backed by strong proof as to why the evidence should not be admissible and, while many suppression motions are filed, only a small portion of them are granted.

The Exclusionary Rule

The exclusionary rule holds that the government cannot use evidence that has been gathered illegally.  Illegal evidence could be evidence obtained in violation of a suspect’s Fourth, Fifth, or Sixth Amendment rights.  Any evidence obtained as a result of an illegal search or another constitutional violation must be excluded as “fruits of the poisonous tree.”

Grounds for Suppression of Evidence 

There are several potential grounds for suppression of evidence in a criminal case, including:

  • Failure to read your Miranda rights:  Under the law, police officers must read a suspect their “Miranda rights” prior to questioning or interrogation.  These rights inform the suspect of their right to remain silent, right to an attorney, and that anything he or she says could be used in court.  If you were not read your complete Miranda rights, statements that you made afterwards may not be admissible in court.
  • Unlawful search and seizure:  You are protected against unlawful search and seizures under the Fourth Amendment.  Absent some exceptions, a police officer must have a valid search warrant, arrest warrant, or probable cause that a crime has been committed in order to search your person or property.
  • Chain of custody problems:  When evidence is seized, it must be carefully documented and preserved.  If police officers break the chain of custody and raise the possibility of contaminated evidence, you may have grounds to suppress the evidence.

Your criminal defense lawyer will carefully review the circumstances surrounding your arrest, questioning, and more to uncover whether you have grounds for a viable suppression motion.  If granted, your motion to suppress could potentially be the end of your criminal charges.

Archived Posts


Criminal Defense News

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Please call the office at (609) 267-1101 to schedule a free consultation to discuss the specifics of your matter. Same day consultations are available. We are available for detention hearings in every county in South Jersey. Detention hearings are normally scheduled with in forty-eight (48) hours of an arrest that resulted in immediate incarceration.

We handle every type of criminal and traffic offense in the Federal Court, the Magistrate Court (military matters); the State Courts (superior court), the Municipal Courts located in townships, cities and boroughs within the counties of Burlington, Camden, Ocean, Gloucester, Atlantic, Cumberland, Salem, Cape May, and Mercer.

© 2020 Sitzler and Sitzler | Attorney Advertising
1487 State Highway 38 West, Hainesport, NJ 08036
| Phone: 609-267-1101

Criminal Defense Overview | Theft | White Collar Crimes | DWI/DUI Defense | Felonies/Indictable Charges | Homicide | Misdemeanor/Disorderly Person | Traffic Violations | Criminal Sexual Contact | Violent Crimes | Drug Crimes | Expungement | Domestic Violence | Juvenile Matters | Weapons Offenses | Federal Cases | MVC Points/ Driver License Violations | Probation and Parole Violations | Multiple DUI/DWI Offenses | Megan's Law | Assault and Battery | Burglary | Appellate Law | Guns and Weapons Charges | CJP Hearing | Criminal Defense | About Us | Other Services | En Espanol

FacebookGoogle+TwitterLinked-In Company

Law Firm Website Design by
Zola Creative