Motion to Suppress
A person aggrieved by an unlawful search and seizure
may move to suppress for use as evidence anything
so obtained on any of the following grounds:

  • The property was illegally seized without a
    warrant.

  • The warrant is insufficient on its face.

  • The property seized is not that described in the
    warrant.

  • There was not probable cause for believing the
    existence of the grounds on which the warrant
    was issued.

  • The warrant was illegally executed.

The Court will receive evidence on any issue of fact
necessary to the decision of the motion.  If the motion
is granted, the property shall be restored to its owner,
unless otherwise subject to lawful detention, and it
shall not be admissible in evidence in any hearing or
trial.  
[The above is quoted from the Iowa Rules of
Criminal Procedure].

Many times the evidence to be suppressed would be
the officer's testimony from a traffic stop, or any drugs
or illegal substances that an officer discovered.  If
these pieces of evidence are suppressed in a Motion
to Suppress hearing, the prosecutor is often forced to
dismiss the charges and the defendant can go free.  
Please call a lawyer practicing in criminal defense to
discuss your case and the implications of a Motion to
Suppress.

Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com

The information contained in this website is not intended to be legal
advice.  With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.  

Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.

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