What is the difference between a motion to suppress and a motion in limine

Rule 12 b 3 of the Federal Rules of Criminal Procedure requires motions to suppress to be filed prior to trial. The scope of the Rule was addressed in United States v. Barletta , F. But see State v. Fewerwerker , N.

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To try and find, you would need to know what the alcohol level was at the time of driving, how much alcohol was present in the drink or drinks, when they had the drink or drinks, the overall period of time, food, and temperature. You have to make too many assumptions to make it an accurate science; to make it anything more than just a guess. Those are the types of things that call for a motion in limine. A motion to suppress is different. A motion to suppress is typically brought before a jury trial where the defense would say that due to insufficient cause to arrest someone for a DUI , all of the evidence should be tossed out.

Usually, with a motion to suppress, it would be a situation where you get a video of the driver driving and getting pulled over for a bunch of reasons that the arresting officer puts in a police report. When the defense gets the video and sees it, they can determine that the person was not actually weaving over the line.

They may have weaved in their lane once or twice and touched the line, but they did not go over the line and almost hit the car in the next lane like the officer said in his or her report. Showing that the officer did not have a proper reason to pull the driver over may be a reason for a court to determine that it is not a good stop nor a good arrest.

Other types of suppression motions can involve a medical issue such as with a blood draw. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

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Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Ask Question. Asked 3 years, 10 months ago. Active 3 years, 10 months ago. Viewed 4k times. Improve this question. Add a comment. Active Oldest Votes. A motion to suppress would usually come up in a criminal case, asking that evidence illegally obtained by law enforcement not be presented as evidence in a case. This kind of motion to suppress is really a just sub-species of a motion in limine.

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