Question

select the correct answer
denise, a defense attorney, is preparing to defend her client, alan, who has been accused of burglary. de obtained evidence against alan unconstitutionally. the police had discovered the burglary tools at alans h which pretrial motion can denise file to ensure that the evidence is not used against alan in the trial?
a. motion for a bill of particulars
b. motion for suppression
c. motion for dismissal
d. motion for severance of charges

Explanation:

• A motion for a bill of particulars requests details about the charges, not to exclude evidence.
• A motion for suppression is used to ask the court to exclude evidence that was obtained in violation of constitutional rights, which matches the scenario where the evidence against Alan was gathered unconstitutionally.
• A motion for dismissal seeks to end the case entirely, not just exclude specific evidence.
• A motion for severance of charges separates multiple charges into different trials, which is unrelated to excluding improperly obtained evidence.

Answer:

B. motion for suppression