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Rule 41A – Motion to Suppress Evidence

May 13, 2021 | Criminal Procedure, Maine

(a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained:

(1) property;
(2) statements of the defendant;
(3) test results;
(4) out-of-court or in-court eyewitness identifications of the defendant.
(b) Time of Making Motion. The motion shall be filed within the time specified in Rule 12(b)(3). For good cause shown, the court may entertain the motion at a time beyond that provided in Rule 12(b)(3).
(c) Hearing. The court shall receive evidence on any issue of fact necessary to the decision of the motion.
(d) Order. If the motion is granted, the court shall enter an order limiting the admissibility of the evidence according to law. If the motion is granted or denied, the court shall make findings of fact and conclusions of law either on the record or in writing.

If the court fails to make such findings and conclusions, a party may file a motion seeking compliance with the requirement. If the motion is granted and if the findings and conclusions are in writing, the clerk shall mail a date-stamped copy thereof to each counsel of record and note the mailing on the Unified Criminal Docket. If the findings and conclusions are oral, the clerk shall mail a copy of the docket sheet containing the relevant docket entry and note the mailing on the Unified Criminal Docket.

Me. R. Uni. Crim. P. 41A

Last amended effective November 2, 2016.