Motion to Suppress & Constructive Possession
Motion to Suppress
The object of a motion to suppress physical evidence is to demonstrate to the court that the manner in which the police obtained the evidence (i.e., a weapon or narcotics) was as a result of a violation of your Constitutional rights. If you successfully prove this to the Court, the evidence is inadmissible at your trial.
Sufficiency of Evidence
If the evidence is otherwise admissible, you must analyze the facts to see if the Commonwealth or United States Government can prove you actually possessed the weapon. This is generally referred to as a challenge to the sufficiency of the evidence. If the police wish to attribute an illegal item to you that was not recovered from your person (i.e., nearby car or home), hire the experience needed to challenge whether you constructively possessed the weapon.