Is a defendant's attempt to suppress evidence against himself admissible?

California, United States of America


The following excerpt is from People v. Chandra, A138401, A143741 (Cal. App. 2015):

A defendant's " ' "[e]fforts to suppress testimony against himself indicate a consciousness of guilt on the part of a defendant, and evidence thereof is admissible against him. [Citation.] Generally, evidence of the attempt of third persons to suppress testimony is inadmissible against a defendant where the effort did not occur in his presence. [Citation.] However, if the defendant has authorized the attempt of the third person to suppress testimony, evidence of such conduct is admissible against the defendant." ' " (People v. Hannon (1977) 19 Cal.3d 588, 599, disapproved on another ground by People v. Martinez (2000) 22 Cal.4th 750, 762-763.) "Whether or not any given set of facts may constitute suppression or attempted suppression of evidence from which a trier of fact can infer a consciousness of guilt on the part of a defendant is a question of law. Thus in order for a jury to be instructed that it can infer a consciousness of guilt from suppression of adverse evidence by a defendant, there must be some

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evidence in the record which, if believed by the jury, will sufficiently support the suggested inference." (Hannon, p. 597.)

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