Challenging Unlawfully Obtained Evidence in Oklahoma Courts
What is a motion to suppress in Oklahoma courts? I’m Tulsa criminal defense attorney James Wirth and that is our question.
Legal Instruments in Criminal Defense
A motion to suppress is a legal tool used in criminal cases to prevent certain evidence from being used against a defendant. When the government prosecutes someone, constitutional protections exist to ensure law enforcement and prosecutors follow proper procedures. A motion to suppress argues that evidence should be excluded because it was obtained unlawfully—typically due to violations of the Fourth Amendment, such as an illegal traffic stop or an unlawful search without probable cause.
If evidence was discovered through unconstitutional actions, it may be considered the fruit of the poisonous tree, meaning it should be excluded from trial. If granted, a motion to suppress can weaken the prosecution’s case, sometimes leading to a case dismissal due to insufficient evidence. However, courts have become more lenient toward law enforcement in recent years, and exceptions exist—such as the Leon exception, which allows evidence if officers acted in good faith.
Why Consulting an Attorney Matters
Because these motions can be complex and highly case-specific, consulting an attorney is crucial to understanding whether a motion to suppress could benefit your defense.
Take the Next Step: Initial Strategy Session
To schedule a consult with my office, you can go online to MakeLawEasy.com. Again, I’m Tulsa federal criminal defense attorney James Wirth of Wirth Law Office. For a low-cost initial strategy session, feel free to contact us at 918-879-1681. We are here to guide you through the complexities of your case.
