When police collect evidence the wrong way, that evidence should not be used in court. A motion to suppress asks the judge to exclude illegally obtained proof before trial. Winning suppression can shrink the State’s case to the point where charges are reduced or dismissed. At the Law Office of James E. Novak, we treat suppression issues as early, high-impact opportunities in DUI and criminal cases across Maricopa County.
A motion to suppress is a written request asking the court to throw out evidence gathered in violation of your constitutional rights or Arizona law. The judge decides these issues at a pretrial hearing, not in front of a jury. If the court finds a violation, the evidence—and anything discovered because of it—can be excluded. In practical terms, that may mean breath or blood results never reach a jury, a confession is kept out, or a traffic stop yields nothing admissible.
Police must follow rules for stops, searches, seizures, and questioning. If they overstep, exclusion is the remedy. Suppression commonly applies when:
Each ground turns on the facts: the timing, the officer’s vantage point, what the videos show, and what was actually said on the roadside or in the interview room.
The defense files a motion explaining the violation and citing the law. The court sets an evidentiary hearing where officers testify, body-cam and dash-cam videos play, and both sides argue. The State usually bears the burden to prove the stop, search, or seizure was lawful. If the State claims you consented to a search, it must show your consent was voluntary. For statements, the State must prove you were properly warned and that any waiver was knowing and voluntary. If a warrant affidavit appears misleading, the court can hold a focused hearing to test the truth of the sworn statements.
Video systems overwrite. Private businesses purge footage. Dispatch audio and calibration logs can be lost if you wait. Quick action helps preserve what proves the violation. Small details often win suppression: which lane you were in, the exact timestamp when the stop ended and the investigation continued, whether the officer’s radar was recently certified, or how long the phlebotomist waited before sealing blood vials.
We start with a full evidence sweep. That means police reports, body-cam and dash-cam video, 911 audio, CAD logs, warrant packets, lab worksheets, and device calibration records. We map a minute-by-minute timeline and compare the officer’s report to the video. When needed, we bring in experts in toxicology, accident reconstruction, radar/lidar operation, or digital forensics. Then we file targeted motions—aimed at the stop, the detention, the search, the warrant, or the interrogation—and press for a hearing. Strong suppression work also creates leverage for negotiation, often leading to reduced counts or alternative resolutions.
Write down what happened while it is fresh: where you were stopped, the officer’s location, weather and traffic, what was said, and how long each step took. Save dash-cam footage, doorbell video, and phone data that show timing or location. Keep medical paperwork if a blood draw or injury is involved. Do not discuss the facts with anyone but your attorney, and avoid posting online about the incident.
Partial wins still change outcomes. Excluding a breath result can push DUI charges down to lesser offenses. Excluding statements can remove the only proof of intent. Excluding a bag found in a trunk can erase a possession count while leaving only a minor traffic citation. Suppression narrows what a jury can hear and reshapes the entire case.
A well-timed suppression motion can be the difference between a conviction and a case that gets reduced or dismissed. If you are facing DUI or criminal charges in Maricopa County, get help from a firm that treats suppression as a priority. Contact the Law Office of James E. Novak at (480) 413-1499 to schedule a confidential consultation. We will review the stop, the search, and any statements, identify suppression issues, and fight to keep unlawful evidence out of court.