NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is assisting an attorney representing a defendant accused of a serious felony. During the pre-trial phase, the attorney files a motion asking the court to exclude certain evidence obtained by the police, arguing that it was gathered in violation of the defendant's Fourth Amendment rights. What is the common name for this type of motion?
- AMotion in limine
- BMotion to dismiss
- CMotion for summary judgment
- DMotion to suppress
Show answer & explanationAnswer & explanation
Correct answer: D. Motion to suppress
A motion to suppress evidence is filed to request the court to exclude evidence from trial that was illegally obtained, often in violation of constitutional rights like the Fourth Amendment.
Why the other options are wrong
- A. Motion in limine is a pre-trial motion to exclude or admit evidence that is prejudicial or irrelevant.
- B. Motion to dismiss requests the court to end a case without further proceedings, often due to legal insufficiency.
- C. Motion for summary judgment seeks a decision without trial, typically in civil cases.
Motion to Suppress
A formal request made to a court by a defendant in a criminal case, asking the court to exclude certain evidence from being presented at trial on the grounds that it was obtained illegally or in violation of constitutional rights.
- Commonly used to challenge evidence obtained from illegal searches or seizures (Fourth Amendment).
- If granted, the evidence cannot be used by the prosecution.
- Often a critical pre-trial motion in criminal defense.
Memory trick: Suppress the Illegally Seized, Dismiss the Weak Case, Limit the Prejudicial.