What does ‘motion to suppress’ mean?

Houston – In this anatomy of a trial video, we’re decoding the legalese behind “motion to suppress.”

In legal terms, a motion to suppress is an action around excluding evidence from a trial.

Cornell Law School’s Legal Information Institute says a criminal defendant will ask the court to keep out or exclude evidence from the trial.

Check out the full Anatomy of a Trial series.

Evidence can include photos, video, audio, DNA, testimony, and other documents.

But it’s not based on a judge’s whim.

Check out the state of Texas’ code of criminal procedure…article 28!

If a judge grants a court hearing on the motion, defense attorneys and prosecutors will try to argue their case on whether the judge should exclude evidence.

Ultimately, the decision rests on the judge’s shoulders.