Motions To Suppress

Motions to Suppress in Ohio Criminal Cases

A motion to suppress is one of the most powerful tools in a criminal defense attorney’s arsenal. When used effectively, it can prevent illegally obtained evidence from ever being seen by a jury—sometimes resulting in a complete dismissal of charges.

In Toledo, Lucas County, and courts across Ohio, filing the right suppression motion at the right time can make or break a case. This article explains what a motion to suppress is, why it matters, common grounds for filing, and how it can dramatically impact the outcome of your criminal case.

What Is a Motion to Suppress?

A motion to suppress is a formal written request to the court asking the judge to exclude certain evidence from trial because it was obtained in violation of your constitutional rights or Ohio law.

The key legal foundation comes from:

• The Fourth Amendment to the U.S. Constitution (protection against unreasonable searches and seizures)
• The Fifth Amendment (protection against self-incrimination)
• The Sixth Amendment (right to counsel)
• Article I, Sections 10 and 14 of the Ohio Constitution (similar protections under state law)

If the motion is granted, the prosecution cannot use that evidence against you—making it much harder for them to prove their case.

Why Motions to Suppress Matter in Toledo Criminal Defense

If police in Toledo, Sylvania, Maumee, or anywhere else in northwest Ohio fail to follow lawful procedure, the court can exclude the resulting evidence.

Example: If you are stopped in downtown Toledo for a minor traffic violation but the officer unlawfully searches your vehicle without probable cause or consent, any drugs or weapons found could be suppressed and never shown to a jury.

Common Grounds for Filing a Motion to Suppress

Every case is different, but common legal bases include:

Illegal Traffic Stops

• Officer lacked reasonable suspicion or probable cause
• Pretextual stops without valid legal justification
• Roadblocks or checkpoints not following required protocols

Invalid Search Warrants

• Warrant issued without probable cause
• Warrant fails to specify the place to be searched or items to be seized
• Warrant based on false or misleading information provided to the judge

Warrantless Searches

• No legal exception applied (such as exigent circumstances, consent, or plain view)
• Police exceeded the scope of consent given

Improper Arrest Procedures

• Arrest made without probable cause
• Failure to follow statutory arrest procedures

Miranda Violations

• Statements obtained without advising the suspect of their right to remain silent and to an attorney
• Continued questioning after the suspect requested a lawyer

Chain of Custody Issues

• Evidence not properly documented or stored
• Gaps in the handling process that could lead to contamination or tampering

The Process of Filing a Motion to Suppress in Ohio

1. Investigation & Review – Your attorney examines police reports, body camera footage, dashcam video, and witness statements.
2. Drafting the Motion – The motion must clearly state the facts, legal grounds, and supporting case law.
3. Filing & Scheduling – The motion must be filed within certain time limits under the Ohio Rules of Criminal Procedure, usually before trial.
4. Suppression Hearing – Both sides present evidence and arguments. The defense can cross-examine officers, challenge credibility, and present counter-evidence.
5. Judge’s Ruling – If the judge finds a constitutional or legal violation, the evidence is excluded from trial.

How a Motion to Suppress Can Change Your Case

• Case Dismissal – If key evidence is thrown out (like drugs, a firearm, or incriminating statements), the prosecution may have no choice but to dismiss the charges.
• Better Plea Offers – Weakening the state’s evidence can lead to more favorable plea negotiations.
• Preserving Issues for Appeal – Even if denied, a well-argued motion can be grounds for reversal later.

Why You Need an Experienced Toledo Criminal Defense Lawyer

Motions to suppress are technical, time-sensitive, and require deep knowledge of both Ohio and federal law. A seasoned Toledo criminal defense attorney knows:

• How to identify suppression issues
• Which case law to cite for judges
• How to cross-examine officers effectively at the suppression hearing

Contact Brian C. Morrissey for a Consultation

If you believe your rights were violated during an arrest, traffic stop, or police search, act quickly. Suppression issues are often time-barred if not raised promptly.

📞 419-830-7441

🌐 www.brianmorrisseylaw.com

📧 brian@brianmorrisseylaw.com