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Dixon & Moseley | Attorneys At Law
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  5. When Evidence May Be Suppressed in A Criminal Case and What It Means

When Evidence May Be Suppressed in A Criminal Case and What It Means

On Behalf of Dixon & Moseley, P.C. | Apr 6, 2017 | Criminal Law

Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction.

The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to make sure our constitutional safeguards are not violated. This often means a defendant—guilt notwithstanding—is not convicted. Suppression is a matter considered by every defense attorney and the topic of this blog post.1 This also shows how technical criminal law is and the need for skilled legal defense counsel when faced with a criminal allegation or charge (or indictment).

Perhaps the most common situation where a defense attorney moves to suppress evidence is where the police obtain this from searching a home. Under the Fourth Amendment, the police may not just choose to search someone’s home because they believe criminal activity is occurring. If they have “probable cause” to believe criminal activity is occurring in a home, they may seek to have a probable cause affidavit they prepare reviewed by a neutral judge or magistrate.2

Only if this neutral judge or magistrate finds probable cause, will a search warrant issue allowing the police to then search the home. What this means is if the police search the home without first obtaining a search warrant, any illegal activity or contraband may be suppressed, which effectively means it may not be used as evidence against the alleged defendant to secure a conviction. In most cases, this means the prosecution dismisses the case.

However, a police officer may lawfully search a home and not violate the Fourth Amendment, if he or she has “exigent circumstances”. These are logical and common sense. So for instance, if a police officer hears someone screaming in pain and enters a home to find a person battering the person screaming, this is an “exigent circumstance” that allows a warrantless search.

Ultimately, criminal law has a number of constitutional protections, which if violated, even unintentionally, may provide a defense or basis for the case to be dismissed. For this reason, it is important to select skilled defense counsel who understands the legal limits on police officers to afford all of us constitutional protections. Filing such motions, such as a Motion to Suppress, is the burden of defense counsel. Where this does timely occur, the evidence the case may be suppressed and the matter dismissed.

Dixon & Moseley, P.C. advocates handle criminal defense cases throughout the State of Indiana. This blog post is written for general educational purposes. This blog is not a solicitation for services or specific legal advice. It is an advertisement.

  • Suppression under the Fourth Amendment to the United States Constitution is a complex legal and factual analysis with different standards, such as if a person is stopped in a routine traffic stop versus his or her home is searched. This blog addresses suppression in or around someone’s home.
  • Malone v. State, 882 N.E.2d 784 (Ind.Ct.App.2008).
  • How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

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