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Criminal Law

: Underdog

A criminal defendant's testimony at a suppression hearing may not be used against him at trial.

By Marks & Katz, LLC

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"[W]hen a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection." Simmons v. United States, 390 U.S. 377 (1968). Consequently, it is critical to fully prepare a defendant's potential testimony for a suppression hearing.

Full post as published by Underdog on February 25, 2010 (boomark / email).

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Defendant's cross-examination at suppression hearing did not impede his right to testify at trial

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CA8: Right of confrontation does not apply at a suppression hearing

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