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Keeping It Out of Court-Motions to Suppress

In criminal matters, one of the more common issues is evidence and what comes in and is admissible, and what is kept out and is inadmissible. For example, a previous blog post discussed Miranda Warnings and how they generally apply to questioning. If a confession is obtained without proper Miranda Warnings, it is likely not admissible in Court. Other information would have to be used as evidence to show that a crime was committed.

Similarly, if evidence is obtained illegally or not in the proper matter, that evidence may be excluded from a hearing. For example, if police knock on the door because music is too loud and without any other suspicions or information, search the entire house, top to bottom, including the hidden crawl space in the basement, and there are drugs in the crawl space, evidence that those drugs were found will likely be suppressed. There was no probable cause to be in the crawl space in the basement and there was no warrant or permission to search the entire house for a call for loud music.

Another example would be paraphernalia found during an illegal and warrantless search of a car. If there is no probable cause for a search of a car, yet a search is conducted without a warrant and without permission from the driver, evidence of paraphernalia found in the search would likely be inadmissible.

Each case is different, and the circumstances surrounding the situation, search, and questioning is paramount to determining if it is possible to seek to suppress evidence or confessions. Conferring with a criminal attorney if evidence or confessions have been obtained may help avoid future evidentiary issues at or prior to trial.

We hope that this blog post has been helpful in exploring suppression of evidence generally. This post is not intended as legal advice. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Jessica Keyes.

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Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.