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Criminal Procedure

Suppression Motion

A defense motion asking the court to exclude evidence obtained in violation of constitutional or statutory rules.

Governing rule: Fed. R. Crim. P. 12(b)(3)

Plain-English definition

A suppression motion argues that evidence should not be used because police or prosecutors obtained it unlawfully. Common targets include searches, seizures, statements, identifications, and wiretap evidence. The motion can produce a hearing with witness testimony before trial.

How it works

Suppression issues usually must be raised before trial. The court may take evidence, make credibility findings, and decide whether exclusion or another remedy applies.

Why it matters

Suppression can turn a strong prosecution into a weak one by removing the evidence the government needs to prove guilt.

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Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.