suppression of evidence

suppression of evidence
Relief obtained upon motion in preventing evidence illegally secured from being introduced in a case. 29 Am J2d Ev § 425. The failure of a party to testify or to produce available witnesses, his destruction or spoliation of evidence. 29 Am J2d Ev §§ 175 et seq. To determine whether there has been a suppression of evidence, by the state in a criminal prosecution, it is necessary to consider the facts and circumstances in each case in which the question arises. If the evidence in question has no probative value, is merely cumulative, or is equally available to the accused, there can certainly be no duty on the prosecution to disclose such evidence to the accused in order to avoid what would otherwise amount in practical effect to concealment or suppression. Re Curtis (DC Dist Col) 36 F Supp 408.

Ballentine's law dictionary. . 1998.

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