Researcher. Advocate. Data Geek. #FactsMatter #CatchLISK
Jan 12 • 5 tweets • 2 min read
What to expect for tomorrow's #LISK hearing:
1- Defense may file a Mapp motion.
What is a Mapp Hearing?
• A Mapp hearing is a pretrial proceeding where a judge determines whether illegally obtained evidence should be excluded from trial.
• The hearing's purpose is to protect a defendant's Fourth Amendment rights against unlawful searches and seizures.
When a Mapp Hearing Might Occur
• Triggered by a Defense Motion: A Mapp hearing is only held if the defense attorney files a motion to suppress evidence, arguing that the evidence was obtained illegally.
• Not Always in Every Case: Many criminal cases do not involve illegal searches or seizures and therefore do not require a Mapp hearing.
• Resolution: The hearing resolves the issue of evidence admissibility before the trial begins, or it may lead to a plea agreement or dismissal of charges if the evidence is suppressed.
2- Defense may file a Dunaway motion.
What is a Dunaway Hearing?
A type of suppression motion: A defendant files a Dunaway motion to exclude evidence, like confessions, that came from an illegal arrest or detention.
Fourth Amendment violation:
It challenges police action where someone was taken into custody without probable cause, violating their constitutional rights, as established in Dunaway v. New York (1979).
Focus on unlawful seizure:
The core issue is whether the suspect was "seized" (detained) against their will without legal justification, even if they weren't formally told they were under arrest.