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How can a denial of a motion to suppress evidence be appeal or overturned before a trial.

Canton, OH |

i have a friend whose house burned and that person was in the hospital at the time it happend, but i guess they found something on the person computer that their saying is related to the fire, my friend swears he didn't search for whatever there saying is on there. his attorney filed a motion to suppress but the judge denied it because he says the police didn't search for it , the insurance company took it out of the house and had permission to do so because it is part of the insurance policy. the insurance company was contacted by the fire dept. because they got (1) phone tip from a caller that didnt give their name. my friend feels the fire dept. advised the insurance company to use there policy power to get the computer to investigate it. other people had access to compter also

Attorney Answers 3

Posted

A defendant can't immediately appeal the denial of a motion to suppress evidence. Should your friend take the case all the way to trial and lose, he can then raise that denial as one of the issues in his appeal.

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Posted

This is not appealed until after trial. Part of the reason is that the person could be found not guilty at trial and therefore there is no need for the appeal. While sometimes that is not really a possibility, that is part of the procedural rules and therefore must be done in this manner.

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Posted

Rulings on motins to suppress generally are not appealable until after a trial, because it won't matter if there is no conviction. The principle is to allow appeals only after a conviction to save judicial resources. Also, taking an interlocutory appeal, if one is available, is time consuming and expensive.

This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

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