Q: During Suppression hearing, our lawyer asked that the police testimonies be thrown out since they were not matching
The judge did not accept our request and allowed the testimonies to be accepted. There were many objections that we had during the trial and our lawyer was vocal about them during the trial but the judge seemed to be very biased and accept whatever the District Attorney requested. We lost trial and currently appealing but my main question is, shouldn't these testimonies be thrown out? What would be the reasons that the judge allowed this to be used?
A:
Since I was not there and I do not know your case, I cannot comment on all the particularities of your case. I can, however, provide general information. A suppression hearing (often attached to a motion in limine) is nothing more than a request (usually by the defendant) to exclude evidence from trial. From your facts it sounds like the motion was based on conflicting information of the officers.
There are several legal reasons for suppressing evidence ranging from serious police misconduct to prejudicial or irrelevant information. The basic idea is that evidence should be excluded if was gained improperly (i.e. a violation of a constitutional right) or confuse a jury. The former are serious issues and generally are strictly applied. The latter are always a matter of degree (from your facts this is likely what you suppression request was based on a non-constitutional issue). For non-constitutional violations, the judge must balance the usefulness of the evidence at trial versus the evidence's likelihood for leading a jury astray.
While there is case law, there is considerable judicial discretion (a judge can decide) on these matters. You can appeal the judge's ruling, but be aware that the legal standards for overturning the ruling a rather high unless a constitutional violation occurred (i.e. an alleged or proven confession by torture, etc.). For more information talk to your appellate lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.