Motions to Suppress and Suppression Hearings
There are many legal principles that apply to suppression motions and the ability of an "aggrieved" person to move to suppress evidence obtained in violation of the Fourth Amendment. In addition, there are other legal principles that apply, once a court orders that a suppression hearing be conducted.
In order to get a hearing, a defendant must convince a court that he has standing,
or an expectation of privacy in what was searched or seized. In addition, a defendant must allege a substantive theory of suppression, such as an unlawful search of his home or automobile or an unlawful stop and frisk.
Once a hearing is ordered, the prosecution has the burden of going forward to establish the lawfulness of the police conduct. The defendant then has the burden of establishing that the police acted unlawfully. A prosecutor must go forward with credible testimony by the police and should a court find an officer's testimony not believable, it can suppress on that ground.