M.D.Ala.: The difference between a motion in limine and a motion to suppress

The difference between a motion in limine and a motion to suppress is discussed in United States v. Perez-Gomez, 2014 U.S. Dist. LEXIS 165439 (M.D. Ala. November 26, 2014):

n.2. This is as opposed to a motion to suppress. Black’s Law Dictionary defines a motion in limine as a “pretrial request that certain inadmissible evidence not be referred to or offered at trial.” Black’s Law Dictionary (9th ed. 2009). Black’s defines a motion to suppress as a “request that the court prohibit the introduction of illegally obtained evidence at a criminal trial.” Id. Here, it would not be accurate to say that the evidence was illegally obtained, in the sense of a violation of the Searches and Seizures Clause of the Fourth Amendment. Cf. United States v. Wilk, 572 F.3d 1229, 1236 (11th Cir. 2009) (treating a “motion to suppress” as “a motion in limine to exclude [evidence] as privileged under Federal Rule of Evidence 501” “[b]ecause Wilk did not address this issue in a Fourth Amendment context …”).

This entry was posted in Motion to suppress. Bookmark the permalink.

Comments are closed.