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Can i file a motion to suppress evidence based on an unlawful seizure?

Can i file a motion to suppress evidence based on an unlawful seizure?

Yes, you can. Generally, you're going to get an unlawful seizure from an unlawful search. It's important to know, first of all, whether or not they could search the area where they see something. Often times, you'll have, for instance, a search warrant that will spell out what they can search, and then they go and search something; they search the car that's parked outside. The evidence that they find in there may be subject to being suppressed, so definitely talk to your attorney about any seizure that may have occurred to see if we can possibly get the case dismissed because of this.

 

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