Motions to Suppress

A motion to suppress asks the court to throw out evidence the police obtained in violation of your rights. If the judge grants the motion, the State may lose key proof and the case can be reduced or dismissed. At the Law Office of James E. Novak, we use motions to suppress to challenge stops, searches, and statements in courts across Maricopa County.

What Is a Motion to Suppress?

A motion to suppress is a written request arguing that specific evidence should not be allowed at trial because it was gathered unlawfully. The goal is to exclude the evidence before a jury ever sees it. Arizona judges decide suppression issues in a pretrial hearing. If the court agrees your rights were violated, the evidence—and anything discovered because of it—can be excluded under the “fruit of the poisonous tree” rule.

When Does Suppression Apply?

Police must follow constitutional and statutory rules when investigating crimes. If they cut corners, the remedy is exclusion. Common grounds include:

• Illegal stop or detention without reasonable suspicion
• Search without a warrant or valid exception
• Defective warrant or lack of probable cause
• Search that exceeded the scope of consent or the warrant
• Coerced or unwarned custodial statements (Miranda violations)
• Unreliable identification procedures (suggestive lineup or photo array)
• Bad chain of custody leading to unreliable lab results or contaminated evidence
• Unlawful digital searches of phones, vehicles, or cloud accounts

Each ground turns on facts: where the stop occurred, what the officer knew at the time, what was said, and what the video shows.

How a Suppression Hearing Works

The defense files a motion explaining the law and pointing to the facts that show a violation. The court then sets an evidentiary hearing. Officers testify, body-camera and dash-cam videos are played, reports are examined, and both sides argue the law.

• The State usually bears the burden to prove a stop, search, or seizure was lawful.
• If the State claims consent, it must show consent was voluntary and not the product of coercion.
• For statements, the State must show Miranda was given when required and that the waiver was knowing and voluntary.
• If the defense shows a warrant was based on false or reckless statements, the court can hold a Franks hearing to test the truthfulness of the affidavit.

If the judge finds a violation, the evidence is suppressed. Sometimes that ends the case; other times it forces the State to offer a better resolution.

Common Scenarios Where Suppression Decides the Case

• A traffic stop for “weaving” with no lane violation or safety issue. Without a valid reason to stop, everything found after—drug evidence, statements, even field tests—can be suppressed.
• A “consent” search where the driver asked if they were free to go and the officer said no while still holding the license and registration. Consent under pressure is not voluntary.
• A home search based on a warrant that relied on stale or inaccurate tips. If the warrant lacked probable cause, items seized in the home are excluded.
• A phone search after arrest without a warrant. Digital devices require a warrant in most situations; browsing messages without one can taint the case.
• An interrogation after you said you wanted a lawyer. Any further questioning violates Miranda, making those statements inadmissible.

Why Timing and Detail Matter

Suppression issues are won with details: timestamps on body-cam, dispatch logs, GPS pings, beacon lights in a school zone, the exact wording of a consent request, the number of officers present, or whether weapons were displayed. Acting quickly helps preserve video and data that might otherwise be overwritten. It also lets your attorney subpoena calibration records, training certificates, and chain-of-custody logs before they vanish.

What If Only Part of the Evidence Is Suppressed?

Even partial suppression can change the outcome. Excluding a breath test may weaken a DUI to a lesser offense, excluding a statement may remove the only proof of intent, and excluding drug evidence may lead to dismissal of possession counts while leaving a minor traffic citation. Suppression reshapes plea discussions and trial strategy by changing what the jury will hear.

How We Build a Suppression Strategy

We start by collecting everything: body-cam and dash-cam, 911 audio, CAD logs, warrant packets, lab paperwork, and digital extraction reports. We map the timeline minute-by-minute, compare officer accounts to the video, and consult experts when needed, such as toxicologists, digital forensics examiners, or former law-enforcement trainers. Then we file focused motions that match your case—targeting the stop, the warrant, the consent, or the interrogation—and press for an evidentiary hearing. Throughout, we negotiate from a position of strength created by the motion.

What You Can Do Right Now

Do not discuss the facts with anyone but your lawyer. Save videos, texts, and location data from your phone, dash-cam, or apps. Write down what happened while it is fresh—what the officer said, where their vehicle was parked, whether lights were activated, and who else was present. Bring all paperwork to your consultation so work on the motion can begin immediately.

Talk With a Phoenix Lawyer About Suppressing Evidence

A well-timed motion to suppress can be the difference between a conviction and a case that gets reduced or dismissed. If you are facing charges in Maricopa County, get help from a defense firm that treats suppression as a first priority, not a last resort. Contact the Law Office of James E. Novak at (480) 413-1499 to schedule a confidential consultation. We will review the stop, the search, and your statements, identify suppression issues, and fight to keep unlawful evidence out of court.