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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).
  • Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

    What Does the Indiana Court of Appeals Review (and What It Won’t)?

    On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

    If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

    Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

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

    A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

    Who Is Entitled to Parenting Time During Spring Break in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

    Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

    Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

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

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

    What Are the Indiana Parenting Time Guidelines?

    On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

    When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

    Military Divorce in Indiana: What Service Members Should Know

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

    Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

    Stepparent Adoption in Indiana: Legal Steps for Blended Families

    On Behalf of Dixon & Moseley, P.C. | Feb 10, 2026 | Uncategorized

    Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

    How Long Does a Father Have to File for Paternity in Indiana?

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

    If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

    How Retirement Accounts Are Divided in an Indiana Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

    One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

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