Rule 41A. Motion to Suppress Evidence

(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 datestamped 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.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 41A of the Maine Rules of Criminal Procedure except that in subdivision (d) "Unified Criminal Docket" replaces references to the "criminal docket."

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1983 [M.R. Crim. P. 41A.] The kinds of evidence which may be suppressed and the grounds of suppression have expanded greatly since Rule 41(e) was first adopted. Although Rule 41(e) speaks of suppressing "property," that term has been expansively construed. See State v. Taylor , 438 A.2d 1279 (Me. 1982) (Rule 41(e) covers suppression of test results). However, doubts about the scope of Rule 41(e) still remain-principally whether it covers statements of a defendant ( see Taylor , 438 A.2d at 1281). The common thread which runs through all suppression situations is an inquiry into how the evidence was obtained. The issue whether the evidence was illegally obtained should typically be decided prior to trial, for the reasons canvassed in State v. Bishop, 392 A.2d 20, 22-23 (Me. 1978). The addition of a new rule 41A is designed to provide a clear basis for a motion to suppress any evidence which was arguably illegally obtained, when determination of the issue before trial may serve the same policies as those served by present Rule 41(e). As such it is a specialized case of a motion in limine (See Rule 12(c)). Rule 41(e) is contracted to provide simply for a motion for return of property.

Advisory Committee Note—1986 [M.R. Crim. P. 41A(d).] The amendment imposes upon the hearing justice a duty to make findings of fact and conclusions of law as to suppression motions. Given both the legal and practical significance to each party of most rulings on motions to suppress, it is desirable to make the court's obligation to provide findings and conclusions absolute rather than conditional.

Advisory Committee Note—1989 [M.R. Crim. P. 41A(d).] The second paragraph of Rule 41A(d) is added to outline the procedure which should be followed in the event that a court, in acting on a Rule 41A motion, has not made findings of fact and conclusions of law as required by the first paragraph of Rule 41A(d).

Advisory Committee Note—1990 [M.R. Crim. P. 41A(b).] Rule 41A(b) is amended to apply the time limits of Rule 12(b)(3) to the filing of motions under Rule 41A. This is intended to eliminate the problem of the filing of motions to suppress on the eve of trial. The good cause requirement is satisfied if a defendant for good reason, did not have the opportunity to file the motion to suppress or was not aware of the ground for a motion to suppress during the time period provided by Rule 12(b)(3).

Advisory Committee Note – June 2005 [M.R. Crim. P. 41A(e).] Current subdivision (e) is deleted because the District Court, effective January 1, 2006, will no longer be the court for initiating a criminal case that involves murder or at least one Class A, Class B or Class C crime, accompanied or unaccompanied by related Class D or Class E crimes. Instead, under the new process, any case involving at least one Class C or above crime must be commenced by filing a criminal complaint directly in the Superior Court rather than in the District Court. The new process eliminates the need for a bind-over hearing. See M.R. Crim. P. 3(a) and (b) and 5A

Advisory Committee's Note to March 24, 2005 amendments. It also eliminates circumstances existing under present practice in which related charges are pending in both the District Court and the Superior Court at the same time. The deletion of subdivision (e) is effective July 1, 2006, to allow cases filed before January 1, 2006, to be processed according to present practice.

Advisory Note – November 2011 The amendment replaces the category of "physical objects" with the category "property." The former, like its synonym "tangible objects," is too narrow and is replaced by the newly expanded term "property," now defined in M.R. Crim. P. 41(k). See also Advisory Note – November 2011 to M.R. Crim. P. 41(g) and 41(k).