- What:exclude evidence.
- Basis:unlawful search/seizure.
- Reaches:derived evidence too.
- Decided:at omnibus.
A motion to suppress asks the court to exclude evidence the police obtained illegally — usually through a search or seizure that violated the Fourth Amendment. If the court agrees the evidence was obtained unlawfully, it can't be used against you, and when that evidence is the heart of the State's case, suppression can end the case or force a much better resolution. In Minnesota, these motions are typically raised through the exclusionary rule and decided at the Omnibus Hearing.
What Suppression Does
The exclusionary rule bars the government from using evidence it obtained by violating your constitutional rights. A motion to suppress is the tool that invokes it. The argument is not that the evidence is unreliable — drugs are drugs, a gun is a gun — but that the way the police got it was unlawful, so the court should refuse to let the State use it.
Common Grounds
- No warrant and no valid exception: Police generally need a warrant to search. If they searched without one and no recognized exception applies, the evidence may be suppressed.
- An unlawful stop or detention: If the stop or detention that led to the search was itself illegal, the evidence found afterward can be suppressed as the "fruit" of that illegality.
- A defective warrant: A warrant that lacked probable cause, was overbroad, or rested on a false affidavit (see the Franks motion) can be challenged.
- An unlawful search incident to arrest or vehicle search: Searches that exceed what the law allows.
Fruit of the Poisonous Tree
Suppression doesn't stop at the first piece of evidence. Under the "fruit of the poisonous tree" doctrine, evidence derived from an initial illegality can also be suppressed — for example, items found because of an unlawful stop, or statements that flowed from an illegal arrest. If the original police conduct was unconstitutional, what it led to can fall with it.
How It's Decided
Suppression motions are usually heard at a contested spreigl-florence.html">Omnibus Hearing, where officers testify and the judge decides whether the search or seizure was lawful. The defense scrutinizes exactly what the police did and when — because the difference between a lawful and an unlawful search often turns on small factual details about how the encounter unfolded.
Why It Matters
When the suppressed evidence is the core of the State's case — the drugs in a possession case, the gun in a weapons case — losing it can leave the prosecution unable to proceed. That's why a careful review of the search and seizure is one of the first things a defense lawyer does, and why suppression is often where a case is truly decided.
Updated May 18, 2026 · Law verified as of June 8, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What does it mean to suppress evidence?
It means the court rules that evidence can't be used against you because the police obtained it in violation of your constitutional rights. The evidence is excluded from trial even if it's reliable.
What happens if my motion to suppress is granted?
The suppressed evidence can't be used by the State. If it was central to the case, the prosecution may be unable to proceed, which can lead to dismissal or a significantly better plea offer.
Can evidence found later also be suppressed?
Yes. Under the fruit-of-the-poisonous-tree doctrine, evidence derived from an initial illegal search, stop, or arrest can also be suppressed, not just the first item found.
When is a suppression motion decided?
In Minnesota felony and gross-misdemeanor cases, suppression is usually decided at the contested Omnibus Hearing, where the court hears testimony about how the evidence was obtained.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.