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What Is a Motion to Suppress After an Illegal Traffic Stop in South Carolina?

What Is a Motion to Suppress After an Illegal Traffic Stop in South Carolina?

Answer

A motion to suppress asks the court to exclude evidence obtained through an unlawful stop or arrest. If a stop lacked reasonable suspicion, or an arrest lacked probable cause, evidence resulting from that illegality may be excluded so the jury cannot consider it.

An officer generally needs reasonable, articulable suspicion of a criminal offense or traffic violation to stop a vehicle. Without that basis, detaining a driver is not permitted except in certain limited circumstances.

A stop and an arrest involve different legal standards. A vehicle stop requires reasonable suspicion, while an arrest requires probable cause.

If an officer lacked the required legal basis, evidence collected as a result of the unlawful stop or arrest may be suppressed at trial. Suppressed evidence cannot be considered by the jury. Examining the basis for the stop and arrest is therefore an important part of DUI defense.