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Motion to Suppress Evidence

Criminal-procedure motion to exclude evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. Often case-dispositive in practice.

Governing rule
Fed. R. Crim. P. 12(b)(3)(C); Fourth, Fifth, and Sixth Amendments
Read the rule

What it is

A criminal-procedure motion asking the court to exclude evidence obtained in violation of the defendant's constitutional rights — most commonly Fourth Amendment (illegal search), Fifth Amendment (un-Mirandized statements), or Sixth Amendment (right to counsel). The remedy is exclusion, not dismissal.

When it's used

Filed before trial in criminal cases. The defendant typically learns of suppressible evidence through discovery and challenges it well in advance — successful suppression often guts the prosecution's case and triggers a plea.

What the other side does

The prosecution opposes by arguing the search was lawful (warrant, consent, exigent circumstances, or an exception), that Miranda was honored, or that any violation was harmless or fits the good-faith exception.

Common outcomes

Granted (evidence excluded; the case may collapse), denied (evidence admissible at trial), or granted-in-part. The defendant can typically reserve the right to appeal a suppression denial after entering a conditional plea.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.