Motion To Suppress Evidence

A motion to suppress evidence is a formal request that a judge prevent the state from admitting certain evidence. It’s a formal request to exclude evidence.

Typically, suppression of evidence is warranted after a constitutional violation. A judge almost always has to conduct a hearing with witnesses when deciding whether to grant this motion.

Search & Seizure Violation

The most common reason to file a motion to suppress evidence is after an improper search or seizure.

Search & Seizure Resource Page

To see more Illinois Search And Seizure Resources and case law go here.

An allegation of a violation of the 4th amendment starts the procedure.

725 ILCS 5/114-12. Motion to Suppress Evidence Illegally Seized.

In Illinois the Code of criminal procedure says,

“(a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained on the ground that:

(1) The search and seizure without a warrant was illegal; or
(2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or the warrant was illegally executed.”

725 ILCS 5/114-12(a).

On a motion to suppress evidence, the defendant has the burden of proving that the search and seizure were unlawful. 725 ILCS 5/114-12(b); People v. Cregan, 2014 IL 113600, ¶ 23.

The Motion Must Be In Writing

See 725 ILCS 5/114-12(b) and (c) for more information on the motion and the hearing that must be conducted by the judge.

At a minimum,

“The motion shall be in writing and state facts showing wherein the search and seizure were unlawful.” – 725 ILCS 5/114-12(b).

What Should Be In A Motion To Suppress?

Motions to suppress filed pursuant to section 114-12 of the Code must clearly set forth at a minimum the following:

(1) The title of the motion should be “Motion to Suppress Evidence”. That title will put both the State and the court on notice of the motion’s purpose.

(2) The motion to suppress must clearly identify the evidence sought to be suppressed. Although this requirement is not set forth explicitly in section 114-12 of the Code, its presence is clearly evident. Before conducting a hearing on the motion, the parties and the court must know what evidence is at issue. Both parties and the court need to know the evidence that is the focus of the motion if for no other reason than to determine the relevancy of the evidence offered at the hearing on the motion.

(3) The motion must state facts showing wherein the search and seizure were unlawful.

See 725 ILCS 5/114-12(b).