📃 Criminal Law: Motions to Suppress Evidence

Criminal defendants can file a “motion to suppress” with the court asking the judge to bar certain evidence or statements from being used at trial. 

Typically, these motions are used to exclude

• physical evidence that was improperly seized by the police;
• incriminating statements made by the defendant, if the statements were obtain through improper police questioning; and
• witness identifications, if the identification was unduly suggestive or improper.

Anyone filing a motion to suppress evidence must comply with Rule 13 of the Massachusetts Rules of Criminal Procedure. 

Rule 13 requires the defendant to file

• the motion itself;
• an affidavit “detailing all facts relied upon in support of the motion” and
• a memorandum or law which sets forth the legal grounds supporting the motion.