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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.