Suppression hearings are notoriously difficult to win. Suppression exists as a way of protecting people’s constitutional rights. The idea is that the police don’t get to use evidence against someone if they violated the person’s rights in order to get it. The problem is, once the police have evidence, it usually shows the person has committed a crime. While the purpose of suppression is to protect our freedom by keeping the police within the law, in practice it involves asking a court to throw out charges when the evidence shows the accused to be guilty. As you can imagine, most courts are not sympathetic to that argument. Many lawyers won’t even bother to file the motion.
Not us. At Badger Lawyer, we evaluate every police report for signs that our clients rights were violated, and fight for suppression when they were. This month alone, our lawyers identified constitutional violations in two cases, and took them to court. By the end of the month, both cases had been dismissed and all charges dropped. Both cases involved the police detaining individuals in their vehicles and then searching the vehicles on just a “hunch” that there was something else going on. We brought these cases to court and showed how the constitution does not allow police to search people based on a hunch. Both courts ultimately agreed, and the cases were dismissed.