Dixon & Moseley | Attorneys At Law

Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Criminal Law
  4.  | 
  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).
  • Common Courtroom Mistakes That Can Hurt Your Case

    On Behalf of Dixon & Moseley, P.C. | Jun 28, 2023 | Uncategorized

    Going to court can be a stressful and intimidating experience, especially if you’re not familiar with the legal system. However, there are common mistakes that people make in the courtroom that can negatively impact their case. In this post, we’ll discuss five common courtroom mistakes that you should avoid to ensure the best outcome for your case. Not Being Prepared…

    Memorial Day Holiday

    On Behalf of Dixon & Moseley, P.C. | May 25, 2023 | Child Custody, Child Support, Parental Rights

    A Child Development Perspective on Co-Parenting During the Memorial Day Holiday as Divorced Parents Navigating holidays can be a delicate task for divorced parents, especially when it comes to Memorial Day, a time of remembrance and family gatherings. As legal professionals, we understand the importance of prioritizing children’s well-being in such situations. In this blog post, we’ll explore strategies and…

    What is Joint Custody in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 26, 2023 | Custody Evaluation

    In Indiana, custody is divided into two distinct categories: physical custody and legal custody. Physical custody simply means the physical care and supervision of a child. Legal custody, on the other hand, determines who can make major decisions in the child’s life, such as religion, schooling, and medical care. Joint custody refers to a custody arrangement where both parents share…

    4 Real-life Situations When A Family Law Attorney Can Help

    On Behalf of Dixon & Moseley, P.C. | Apr 17, 2023 | Child Support, Divorce, Family Business, Family Law

    Life is full of milestones. Some are joyful and anticipated, like births, adoptions and marriages. But others can catch us by surprise or stir up complicated feelings, like losing a loved one or ending a marriage. A family law attorney, like the team at , can help protect your assets and offer you and your family peace of mind. Read…

    When can I modify custody in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 6, 2023 | Child Custody, Child Support, Custody Evaluation, Custody Mediation, Custody Modification, Custody Relocation, De Facto Custodian, Family Law

    As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more…

    What Happens After an Appeal Is Dismissed?

    On Behalf of Dixon & Moseley, P.C. | May 24, 2022 | Appellate Practice, Civil Appeal, Criminal Appeals

    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 process. This can leave many with a multitude…

    What Are the Decisions an Appellate Court Can Make?

    On Behalf of Dixon & Moseley, P.C. | May 19, 2022 | Appellate Practice

    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 process. This can leave many with a multitude…

    Estate Planning During a Divorce: Three Key Considerations

    On Behalf of Dixon & Moseley, P.C. | May 17, 2022 | Division of Assets, Divorce, Family Law, Real Estate

    What is estate planning and why does estate planning for divorce matter? Estate planning may be just one of many critical financial aspects to manage during a highly stressful time; however, because estate planning can have long-term ramifications for your children and loved ones, it must be a top priority. Here are three key considerations regarding estate planning for divorce:…

    What Are the Chances of Winning an Appeal in Custody?

    On Behalf of Dixon & Moseley, P.C. | May 12, 2022 | Child Custody, Family Law

    A common question we hear from clients and prospective appellate is “what are my chances of winning an appeal?” Unfortunately, there is no hard and fast answer to that question due to the fact-sensitive nature of the appellate process. However, there are some general rules and considerations a person can keep in mind when weighing their chances of success on…

    How Divorce Impacts Business Owners Differently

    On Behalf of Dixon & Moseley, P.C. | May 11, 2022 | Divorce, Family Law

    Just as marriage and business often do not mix well, divorce involving a family business can make an already complex divorce process even more difficult and stressful. This is due to the inevitable change in workplace dynamics, complexities in valuation for business division in divorce, stakeholder and employee relations, and many more factors. Here is how divorce involving family business…

    « Older Entries
    Next Entries »

    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online