Motions to Suppress in Las Vegas Drug Cases
Las Vegas Drug Crime Defense Attorney
While motions to suppress are applicable to every criminal case in which
a colorable search and seizure issue is present, they play an especially
important role in
drug cases. Generally speaking, motions to suppress can be thought of as a mechanism
whereby evidence acquired in violation of a constitutional rule (primarily
the Federal Constitutional provisions of the Fourth, Fifth, Sixth, and
Fourteenth Amendments) is excluded from evidence, and may not be used
by the prosecution against the person whose rights were violated.
The exclusion of evidence as a penalty for acquiring it in an unconstitutional
manner is governed by a judge-made body of law referred to as “the
exclusionary rule.” The application of the exclusionary rule strongly
incentivizes law enforcement compliance with the constitutional rules
which govern searches, seizures, and interrogations. The possibility of
a case being devastated by the exclusion of critical evidence is always
present, given that unconstitutional law enforcement search and seizure
shortcuts remain prevalent. The importance of having a lawyer who has
and can successfully litigate search and seizure issues is critical in
cases involving illegal narcotics.
Oronoz, Ericsson & Gaffney LLC offers
free case reviews
so you can discuss your case. Schedule yours in Las Vegas today.
Searches Involving Drug Crimes
Drug cases often involve searches of:
- The person of the suspect
Different standards apply to each. A body of case law has developed over
the years in which judges have interpreted the levels of protection which
apply to each constitutional guarantee. This body of law is complex and
continuously changing. Every term of the United States Supreme Court results
in the announcement of at least one new interpretation of search and seizure
law. This law is critical in the resolution of motions to suppress. Understanding
this complex, ever changing area of law is essential. A Las Vegas criminal
defense lawyer who has not mastered the rules applicable to constitutional
search and seizure certainly is less likely to effectively advance a motion
Motions to Suppress Timelines
Various timelines apply to the filing of a motion to suppress. Both Nevada
state court and
federal court have different rules. Failure to comply with the filing rules may result
in the waiver of an issue. In other words, even though a client has a
wonderful search and seizure issue, if his or her lawyer misses a filing
deadline, the issue may evaporate and be waived. It is critical that criminal
defense lawyers, who practice in the Las Vegas state and federal courts,
understand and comply with the critical deadlines which apply to motions
Oftentimes, an evidentiary hearing will be held in conjunction with a motion
to suppress. An evidentiary hearing is a hearing in front of a judge (no
jury is present) in which witnesses are called, documents are introduced
into evidence, and the facts are identified. An evidentiary hearing in
the context of a motion to suppress will necessarily focus on the critical
facts regarding the alleged constitutional violation. A court reporter
will transcribe the entire hearing. It will be part of the record and
available for appellate review. These types of evidentiary hearings are
typically hotly contested.
The facts established in these hearings have the ability to make or break
an entire case. It is essential that a criminal defense lawyer is completely
prepared to cross-examine each of the prosecution’s witnesses and
lock them into a position which will enhance the defense motion to suppress.
If an evidentiary hearing is done correctly, frequently motions to suppress
are granted, and the government’s case will lose its most important
piece of evidence. When this occurs, the prosecution’s case is,
for all intents and purposes, over and you are in a great position.
Our Las Vegas Criminal Defense Attorneys Know How to Win
Our Las Vegas drug defense lawyers at Oronoz, Ericsson & Gaffney LLC
have effectively litigated many motions to suppress in Las Vegas courts.
We understand the critical issues which pertain to search and seizure
law. If charged with a drug crime in Las Vegas, do not put your future
in the hands of an amateur. It could result in a less than favorable resolution for you.
Call our team today.
We can be reached at (702) 904-8858.