By Abraham Elmazahi, Esq.Abraham Elmazahi has litigated suppression and dismissal issues from the prosecution side before becoming defense counsel. That experience helps the firm evaluate whether the State can meet its burden, whether the record supports the officer’s actions, and whether a suppression issue can change the posture of the case. Related guidance: Search and Seizure and Pre-Arrest Investigations .
What suppression can address
Suppression may apply to traffic stops, searches, seizures, statements, identifications, warrants, digital evidence, or other evidence depending on the facts.
What suppression can change
Suppression can change the entire posture of a case. It may remove key evidence, create negotiation leverage, narrow trial issues, or expose weaknesses in the State’s proof.
- Identify the evidence at issue.
- Tie the evidence to the constitutional violation.
- Request an evidentiary hearing where appropriate.
- Preserve the record for review.
Get the record early
Suppression issues should be evaluated from the actual reports, video, warrants, affidavits, recordings, and timeline as early as possible.