A good criminal defense attorney will chip away at the Commonwealth’s case even before the trial begins. One important way to limit the evidence that can be used against you at trial is through a Motion in Limine seeking to exclude evidence that is not admissible according to the Pennsylvania Rules of Evidence. Evidence may be inadmissible because it is not relevant (example: prior crimes) or not reliable (example: hearsay).

The judge may also rule that certain evidence is inadmissible because the police violated your constitutional rights to obtain it. The most common examples involve violations of the Fourth Amendment, which protects us from unreasonable searches and seizures. If the police search you, your home, or your car without the required justification, any evidence the police found during the search must be suppressed and the Commonwealth cannot use it against you at trial. We also file motions to suppress statements that are obtained in violation of your rights and motions to suppress in court identifications where the police used pre-trial identification procedures that were so suggestive as to taint the identification by the witness in court. Evidence may also be suppressed according to the “fruit of the poisonous tree” doctrine. For example, if the police violate your rights when they obtain your statement, not only is the statement inadmissible, but any evidence that the police later found based on the information you provided in that statement is inadmissible as well.

Winning a motion to suppress can have a major impact on your changes to win at trial. In some cases, the evidence that is suppressed is so vital to the Commonwealth’s case that they have no choice but to drop the case.