Suppression of Evidence


Definition of Suppression of Evidence

Suppression of evidence is when a judge forbids a particular piece of evidence from being used in a trial. A judge will do this in circumstances where he or she believes that the evidence was obtained illegally, or when he/she believes that the attorney did not reveal the evidence to the opposing counsel.



Suppression of Evidence Explained

Attorneys are required to reveal their discoveries in terms of evidence to the opposing counsels before a trial begins. This is part of the "due process" allowed to accused persons in the Fifth Amendment. So, if a prosecutor hides evidence and then brings it up during the trial, the judge will usually suppress it.

Evidence is also sometimes obtained illegally, for example: a police officer enters a house without a warrant and obtains evidence from the house. The illegally obtained evidence could be suppressed in court.