When an experienced Maryland criminal defense attorney seeks to defend against criminal charges, one of the most powerful tools is a legal doctrine called the Exclusionary Rule. The Exclusionary Rule is a judge-made Rule that bars the use of evidence at trial if that evidence was obtained or collected after a criminal defendant’s constitutionally protected rights have been violated. For example, the Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police conduct a search in violation of that Amendment, then any evidence seized as a result of that search will be excluded from the defendant’s trial. That is why the rule is called the Exclusionary Rule. The Rule is designed to deter police misconduct with respect to an individual’s constitutionally protected rights.

To invoke the Rule, trusted Maryland criminal defense lawyers ask the criminal court judge for what is often called a “Suppression Hearing.” This is a hearing before the judge where the criminal defense and prosecuting attorneys present arguments to the judge about why certain evidence should be excluded — suppressed — from the defendant’s trial. The hearing is typically held after a written request is made, where copies of relevant documents are attached. The request is made by the criminal defense attorneys, and the prosecuting attorneys are allowed to respond in writing, attaching additional relevant documents. The judge reviews all papers and documents filed and considers the arguments presented orally. From the foregoing, the judge makes a decision about whether certain evidence should be barred from use at trial.

Note that the judge’s decision is appealable to higher courts. In fact, a criminal court judge’s ruling (or rulings) about excluding evidence is a common basis for appealing a defendant’s conviction.

If successful, the results of a Suppression Hearing may result in dismissal of charges (and might even result in full dismissal of a criminal case). For example, if the main criminal charge is gun possession by a felon, having the gun itself and all evidence related to the gun suppressed and excluded as evidence will make it nearly impossible for the prosecuting attorneys to obtain a conviction. Inevitably, the prosecutors will be forced to dismiss the felon-in-possession charges. As noted, if the judge rules incorrectly, that error can be the basis for a successful appeal. For a real-world example, see this case, Robinson v. State (Md. Appellate Court 2025).

The Exclusionary Rule applies to all constitutionally protected rights. So far, our examples have involved the Fourth Amendment. But the Exclusionary Rule will bar evidence for other types of constitutional violations. The Fifth and Sixth Amendments, for example, require that arrested individuals receive what are called “Miranda warnings.” These are statements that an accused can remain silent in the face of police questioning, that anything said by an accused can and will be used at trial, and that the accused has a right to an attorney. Failure to give Miranda warnings can be the basis for having statements made by the accused excluded from use at trial.

When evaluating whether a criminal defense attorney is right for you, you want to make sure that the attorney you choose has a broad and deep understanding of how the Exclusionary Rule can be best used to aid your legal defense.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.