The first step in any suppression motion is to establish that there is some police action—a search or seizure—in need of justification. An experienced criminal defense attorney will emphasize the particular facts of the case that make the police action especially intrusive or overbearing, such as:
- The defendant’s youth.
- His state of undress.
- The number of officers.
- The display of weapons.
- Blocking the defendant’s car.
- A protracted encounter.
- The degree to which the police intruded into spaces society recognizes as private.
The defense attorney will also bring attention to the efforts the defendant made to protect his privacy, such as:
- Password protecting computer files.
- Constructing obstacles, such as fences and shrubbery, to a public view.