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

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

Yes you can, but obviously you should do it through an attorney. The attorney is usually very experienced in filing these types of motions. Often the police stop vehicles when they should not have stopped the vehicle. The evidence that they obtain after that stop, whether it be evidence that you're DUI or evidence that you've got drugs, everything can be thrown out and the case dismissed if they illegally stopped you because it's the fruit of what's called the poisonous tree. Under the fourth amendment that evidence is subject to being suppressed.

 

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