Counsel should not argue the nonexistence of evidence after a successful suppression motion

  1. militarydefenselawyers005ABA Standards for Criminal Justice
    , Standard 4-7.8 and its Commentary:A lawyer who has successfully urged the court to exclude evidence should not be allowed to point to the absence of that evidence to create an inference that it does not exist.The few reported cases on this issue take the position that such an argument misrepresents the facts to the tribunal.