Searches, Seizures & Police Encounters

What is a motion to suppress and what happens if we win it?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A request to exclude unlawfully obtained evidence. Winning one often ends a case in practice, though it isn't automatically a dismissal.

The motion identifies evidence and argues it was obtained in violation of your rights. It's filed before trial, and it's litigated at a hearing where officers testify and are cross-examined.

That hearing matters beyond its outcome. It puts the officer under oath, on the record, describing what happened — often the first time that's occurred. Testimony given there is locked in, and where it diverges from the report or the video, that divergence exists permanently.

If the motion is granted, the excluded evidence can't be used in the State's case. Where that evidence was the case — the substance in a drug charge, the breath result in a DUI — the prosecution frequently can't proceed and the charges get dropped.

But suppression and dismissal are different rulings. The State can sometimes continue on remaining evidence, and it may have the ability to appeal the suppression order.

The hearing is worth having even when it's close. What gets said under oath doesn't unsay itself. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.