Q: Can you have evidence suppressed at the time of trial in Minnesota
The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?
A: The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so, assuming the prosecutor makes an initial showing of authenticity - foundation.
That is a good question. Generally, motions to suppress are filed well in advance of trial. In felony and gross misdemeanor cases, motions must be served upon opposing counsel no later than three days before the Omnibus Hearing—unless the court finds good cause to permit the motion to be made and served later. Good cause typically means that the motion could not have been filed before the deadline for some reason. In misdemeanor cases, motions must be filed at least three days before the hearing and no more than 30 days after the arraignment unless the court for good cause permits the motion to be made and served later
As a general rule, each piece of non-testimonial evidence—such as photographs, videos, and tangible documents— must be authenticated before it can be introduced at trial. This means that the party intending to introduce the evidence must establish that the item of evidence is what it purports to be (this is how you authenticate an item of evidence). You might hear in trials, "your honor, we move for the admission of Exhibit X." In order for the judge to admit the exhibit, the video must be authenticated by the party seeking to introduce it—meaning, the party attempting. When the State tries to enter the video into evidence as an exhibit, your lawyer should object and say the evidence is is not authenticated and therefore should be inadmissible. The judge will respond by either admitting the evidence or excluding the evidence. Even if the judge admits the evidence, make sure that your attorney objects to it so that you can preserve the issue for appeal. '
Whatever the case may be, your attorney MUST argue that the evidence should be suppressed before or during trial or the argument or will be waived on appeal.
Hope this helps!
A: You'd likely have to make a motion and convince the judge to reopen the issue due to insufficient representation. Motion in limine is your safety valve but not a particularly good one in this case.
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