Managing Attorney
A motion to suppress is one of the most powerful tools available to a criminal defense attorney. In Texas, suppression motions are often filed in cases involving illegal searches, unlawful detentions, or constitutional violations. When granted, a motion to suppress can significantly weaken the State’s case—and in many situations, lead to a complete dismissal of the charges.
As a Board-Certified attorney, motions to suppress are one of the tools Ceja Law Firm uses to assist clients charged with criminal offenses. Ceja Law Firm routinely litigates motions to suppress in DWI, drug, and violent crime cases throughout the Greater Houston area.
What Is a Motion to Suppress in Texas?
A motion to suppress is a request asking the court to exclude specific evidence from being used at trial because it was obtained in violation of the defendant’s rights under the U.S. Constitution, the Texas Constitution, or Texas statutory law. This includes violations of the Fourth Amendment (searches and seizures), Fifth Amendment (self-incrimination), and Article 38.23 of the Texas Code of Criminal Procedure, which provides that evidence obtained unlawfully cannot be used in a Texas criminal case.
When and How Suppression Motions Are Heard
Suppression motions may be heard either before trial or during trial, depending on the court and the procedural posture of the case. In some courts, particularly in Harris County, judges prefer to “run” the suppression motion with trial. In other situations, suppression issues are decided in standalone hearings prior to trial.
The burden of proof initially falls on the defense to show that a search or seizure occurred. Once this is established, the burden shifts to the prosecution to justify the search or stop—typically by showing that the officer had a warrant, valid consent, or another legal exception.
Examples of Cases Where Motions to Suppress Are Critical
In DWI cases, suppression motions often challenge:
- The legality of the traffic stop
- The officer’s justification for continuing the detention
- Whether the arrest was supported by probable cause
- The validity or admissibility of breath or blood tests
If the officer lacked reasonable suspicion to make the stop or failed to follow required procedures, all resulting evidence—such as blood test results—may be excluded.
In narcotics cases, motions to suppress commonly target:
- Warrantless vehicle or home searches
- Improper use of drug-sniffing dogs
- Searches that exceeded the scope of consent
For example, if police unlawfully extend a traffic stop to investigate for drugs without reasonable suspicion, any evidence discovered during that delay may be suppressed. Likewise, a defective search warrant or lack of probable cause may render the search illegal.
Murder Charges Involving Illegally Obtained Confessions
In serious felony cases such as murder, suppression issues frequently arise when a confession is central to the prosecution’s case. A motion to suppress may be used to exclude a confession if it was obtained in violation of the defendant’s constitutional or statutory rights.
Common reasons a confession may be suppressed include:
- Failure to give Miranda warnings before custodial interrogation
- Failure to honor the right to remain silent or request for an attorney
- Coercive interrogation tactics, including physical intimidation, threats, or false promises
- Lengthy interrogations without access to food, rest, or legal counsel
- Confessions obtained as a result of an illegal arrest or unlawful detention
- Language barriers or comprehension issues where the defendant did not understand their rights
In some murder cases, the confession is the centerpiece of the State’s evidence. If that statement is ruled inadmissible, the prosecution may be left without sufficient proof to proceed, leading to a dismissal or significant reduction of the charges.
What Is a Dispositive Suppression Hearing?
In certain courts, defense attorneys may request a dispositive suppression hearing. In this type of hearing, both sides agree that if the motion to suppress is granted, the case will be dismissed. If the motion is denied, the defendant typically agrees to resolve the case through a plea.
Dispositive suppression hearings allow attorneys to litigate a key issue while minimizing the risk of trial for the client. They are particularly useful when a case depends heavily on one piece of evidence, such as a confession or a blood test.
Why Motions to Suppress Can Lead to Dismissals
When the court grants a motion to suppress and excludes crucial evidence, the prosecution may no longer be able to prove its case beyond a reasonable doubt. In such cases, the State may be forced to dismiss the charges or offer a significantly reduced plea.
Even when suppression motions are denied, litigating the issue can help the defense:
- Lock law enforcement into testimony for trial
- Identify weaknesses in the State’s case
- Strengthen the defense’s position during plea negotiations
Expunction After a Dismissal
If a case is dismissed following a successful motion to suppress, the defendant may be eligible for an expunction to permanently remove the arrest and case records from public view. An expunction provides a clean slate and protects against the long-term consequences of a criminal accusation.
Conclusion
Motions to suppress are technical, fact-intensive, and strategically complex—but when used correctly, they can determine the outcome of a criminal case. Whether filed pretrial or during trial, a well-crafted suppression motion can lead directly to a dismissal, depending on the facts of the case.
Ceja Law Firm has successfully handled suppression issues in DWI, drug, and violent crime cases across Houston and surrounding counties. Every case is different, but challenging unlawful police conduct is often the first step toward protecting a client’s future.
