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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).
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

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

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

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

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

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

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • 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)

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