TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 13.1. Motion to Suppress
Scope; Grounds. A defendant aggrieved by any of the following may move to suppress evidence, and any evidence derived from it, from use by the State:
Unlawful Search or Seizure. Evidence obtained by a search or seizure conducted in violation of the right secured by Const. art. I, § 8, or in violation of 6 R. Stat. §§ 131.001 through 131.008 governing arrest, or 6 R. Stat. §§ 131.009 through 131.017 governing search warrants. Grounds under this subdivision include:
that the search or seizure was conducted without a warrant and without a lawful basis for proceeding without one;
that the arrest was made without a warrant and without a ground stated in 6 R. Stat. § 131.006, or that a search incident to arrest exceeded the person of the arrestee and the area within the arrestee’s immediate presence, 6 R. Stat. § 131.007;
that the warrant issued upon an application or affidavit not sworn to and subscribed, or not particularly describing the place to be searched and the person or thing to be seized, 6 R. Stat. § 131.011;
that the warrant issued upon no ground stated in 6 R. Stat. § 131.010;
that the warrant issued in blank or without specification of the place or item to be searched or seized, 6 R. Stat. § 131.012;
that the warrant issued upon a private dwelling in the absence of a condition stated in 6 R. Stat. § 131.017;
that the affidavit supporting the warrant contained a statement made knowingly or with reckless disregard for the truth, or omitted a material fact, and that the remaining content does not establish probable cause;
that the warrant was not signed by the issuing justice, judge, or magistrate as Rule 44(b)(1) requires, or was issued by a judge of a court without jurisdiction where the place, vehicle, or thing to be searched may be, 6 R. Stat. § 131.009;
that the warrant was executed by a person not authorized to serve it under 6 R. Stat. § 131.014 and Rule 44(c)(1);
that the execution exceeded the locations, objects, or items stated in the warrant, or that the search continued after the object of the warrant was achieved;
that the person was detained awaiting the execution of a search warrant for more than twenty minutes, 6 R. Stat. § 131.015; or
that no copy of the warrant and inventory was left with the owner of the searched premises, 6 R. Stat. § 131.014, or that no true inventory was returned and sworn as 6 R. Stat. § 131.016 requires.
Statements. A statement of the defendant obtained in violation of the privilege against self-incrimination as that privilege is defined by Rid. R. Evid. 505, or obtained involuntarily. Grounds under this subdivision include:
that the statement was made during a custodial interrogation after the defendant asserted the right to refuse to answer, Rid. R. Evid. 505(a)(1);
that the statement was made during a custodial interrogation without a knowing, intelligent, and voluntary waiver of that right;
that the statement was made after the defendant requested counsel and interrogation continued, Const. art. I, § 6;
that the statement was the product of coercion, threat, promise, or deception of a kind that overbore the defendant’s will;
that the statement was given during a court-ordered examination for criminal responsibility, Rid. R. Evid. 505(a)(3); or
that the statement was compelled after a claim of privilege and is barred from use by 6 R. Stat. § 131.303 or by an order granting immunity.
Identification Procedures. Evidence of an out-of-court identification of the defendant, and any in-court identification derived from it, where the procedure employed was unnecessarily suggestive and gave rise to a substantial likelihood of misidentification. The State’s summary of identification procedures and the statements described in Rule 14(a)(1)(A)(viii) shall be disclosed before the motion is heard, and the judge may continue the hearing until that disclosure is complete.
Other Evidence Obtained Unlawfully. Any other evidence which the Constitution, a statute, or these rules require to be excluded.
Standing. A motion under this rule may be made only by a defendant whose own right was infringed. A defendant moving under subdivision (a)(1) shall state in the affidavit the facts establishing the defendant’s interest in the person, place, vehicle, or thing searched or in the property seized. A statement made by the defendant for the sole purpose of establishing standing shall not be admitted against the defendant at trial upon the issue of guilt, Rid. R. Evid. 505(c)(3).
The Motion.
Form. A motion to suppress is a pretrial motion governed by Rule 13. It shall comply with Rule 13(a)(2) and Rule 13(a)(6), and shall be accompanied by a memorandum of law except where it is addressed to evidence seized during a warrantless search, Rule 13(a)(4).
Contents. The motion shall state, as to each item of evidence sought to be suppressed:
a description of the item, and whether it is physical evidence, a statement, or identification evidence;
the date, approximate time, and place at which it was obtained;
the agency and, where known, the username of each officer involved;
whether a warrant was obtained and, if so, the case number of the warrant matter, the date of issuance, the issuing judicial officer, and the in-game warrant string as posted under Rule 44(a)(2) or Rule 6(a)(3);
the ground relied upon, stated by reference to subdivision (a) of this rule; and
the relief requested, including whether derivative evidence is sought to be suppressed and, if so, its identification.
The Affidavit. The motion shall be accompanied by an affidavit, signed by a person with personal knowledge of the factual basis of the motion, detailing all facts relied upon. Where the facts are within the personal knowledge of the defendant alone, the defendant shall make the affidavit. A motion unsupported by the affidavit required by this subdivision and by Rule 13(a)(2) may be denied without a hearing.
Time. A motion to suppress shall be filed within the time allowed by Rule 13(d)(2). A motion filed later shall be heard only for good cause shown, including that the ground could not reasonably have been known earlier because the State had not made the disclosure required by Rule 14.
Production of Warrant Materials. A search warrant, arrest warrant, or bench warrant matter is of a confidential type; its record is withheld from the public docket and the general filing channel is closed to it. Accordingly:
a defendant shall not file a motion under this rule in the warrant matter; the motion shall be filed in the criminal case;
upon the filing of a motion under subdivision (a)(1), the State shall produce in the criminal case, within forty-eight hours, a copy of the application, the supporting affidavit, the warrant as signed, the in-game warrant string as posted, the return and the sworn inventory required by 6 R. Stat. § 131.016, and the record of any clearing entry made under Rule 44(c)(2); and
where the State asserts that a portion of the material would, if disclosed, endanger a person or defeat an ongoing investigation, it shall so state upon the record. The electronic filing system provides no document-level sealing and no redaction; the State shall not file the material and the judge shall determine the motion without reliance upon material not produced to the defendant, or shall order production as a condition of the evidence’s admission.
Burden of Proof.
Warrantless Search or Seizure. Where the search or seizure was conducted without a warrant, the State bears the burden of proving by a preponderance of the evidence that the search or seizure was lawful.
Search or Seizure Under a Warrant. Where the search or seizure was conducted under a warrant regular upon its face, the defendant bears the burden of proving by a preponderance of the evidence that the warrant was invalid or that its execution was unlawful. Where the defendant makes a substantial preliminary showing that the supporting affidavit contained a knowing or reckless falsehood or a material omission, the judge shall hold a hearing upon that issue, and the State shall then bear the burden of establishing probable cause upon the corrected affidavit.
Statements. The State bears the burden of proving by a preponderance of the evidence that a statement was voluntary and, where the statement was the product of custodial interrogation, that the defendant knowingly, intelligently, and voluntarily waived the privilege secured by Rid. R. Evid. 505(a)(1).
Identification. The defendant bears the burden of proving by a preponderance of the evidence that the identification procedure was unnecessarily suggestive. Upon that showing, the State bears the burden of proving by clear and convincing evidence that an in-court identification rests upon a source independent of the suggestive procedure.
Derivative Evidence. Where the defendant establishes the illegality of the primary conduct, the State bears the burden of proving by a preponderance of the evidence that the challenged derivative evidence was obtained from a source independent of the illegality, that the connection between the illegality and the evidence has become attenuated, or that the evidence would inevitably have been discovered by lawful means.
The Hearing.
Right to a Hearing. A defendant who files a motion complying with subdivision (c) is entitled to an evidentiary hearing upon any disputed issue of material fact. Where no material fact is disputed, the judge may decide the motion upon the papers and the argument of counsel.
Conduct. The hearing shall be conducted in the proceeding communications of the case as Rule 13(f)(1) provides, unless the judge orders that it be held in-game or at court. Testimony shall be given under oath. Each party may call and cross-examine witnesses and may introduce documents, recordings, and in-game evidence.
Testimony of the Defendant. A defendant who testifies at a hearing under this rule waives the privilege against self-incrimination only in that hearing; the waiver does not extend to trial or to any other proceeding, Rid. R. Evid. 505(c)(3). Testimony given by the defendant at a hearing under this rule shall not be admitted against the defendant at trial upon the issue of guilt, except to impeach the defendant’s trial testimony or in a prosecution for perjury.
Time. The hearing shall be held within the period prescribed by Rule 46(a) as enlarged, and shall be completed before the commencement of trial and, in a prosecution for treason in which a jury has been demanded, before the empanelment of the jury.
Special Magistrate. A motion under this rule is a dispositive matter within the meaning of 3 R. Stat. § 131.203. A special magistrate may hear it only upon referral for proposed findings, a report, and recommendations, which have no effect unless adopted, modified, or rejected by the judge. Rule 13(e)(5).
Findings; Ruling.
Findings Required. The judge shall state upon the record findings of fact and conclusions of law as to each item of evidence and each ground asserted, identifying the party bearing the burden and the standard applied. Findings shall be stated within the period fixed by Rule 15(b)(1) where the ruling may be appealed.
Partial Relief. The judge may suppress some items and not others, and may suppress evidence for one purpose and admit it for another, as Rid. R. Evid. 105 permits.
Good Faith; Clerical Defect. Evidence shall not be suppressed solely because of a clerical error in the warrant, in the return, or in the in-game warrant string, where the warrant issued upon probable cause from a judicial officer with authority to issue it and was executed in good faith within its terms. This subdivision does not excuse the absence of a warrant, the absence of probable cause, execution by a person not authorized under 6 R. Stat. § 131.014, or a search beyond the terms of the warrant.
Effect of a Ruling.
Evidence Suppressed. Evidence suppressed under this rule shall not be offered by the State in its case-in-chief, and no witness shall be asked to describe it. A statement suppressed for violation of the privilege against self-incrimination may nevertheless be used to impeach the defendant’s testimony in the limited circumstances stated in Rid. R. Evid. 505(d). Evidence suppressed as to one defendant is not thereby suppressed as to a co-defendant lacking standing under subdivision (b).
Motion Denied. A denial is preserved for appellate review without renewal of the objection at trial, 6 R. Stat. § 131.803. A party may nonetheless renew the motion under Rule 13(a)(5) upon a showing that substantial justice requires it, and the judge may reconsider a ruling upon evidence first adduced at trial.
Return of Property. Where evidence is suppressed as unlawfully seized and the property is not contraband, not subject to forfeiture, and not needed as evidence in another proceeding, the judge may order its return.
Interlocutory Appeal by the State. An order suppressing evidence, or excluding evidence in limine at trial, is appealable by the State as provided by 6 R. Stat. § 131.805, and the procedures, findings requirement, stay, and costs provisions of Rule 15 apply. The trial shall be stayed and the defendant shall not be placed in jeopardy as Rule 15(e) provides. A defendant in custody who is not tried by reason of a stay under this subdivision shall be released as Rule 15(e) and 6 R. Stat. § 131.203 require, without any monetary condition, 6 R. Stat. § 131.205.
Effect upon Time. The period during which a motion under this rule is pending, and the period of any stay under subdivision (h)(4), shall be treated as Rule 10(d) and Rule 19 provide, and the judge shall state upon the record the effect of the ruling upon the period prescribed by Rule 46(a).
Effect upon the Charge. Suppression does not dismiss a charge. Where the State represents that the suppression renders its case not viable upon a charge, the prosecutor may proceed under Rule 16, and the defendant may move under Rule 13(c).
Relation to Other Rules. Nothing in this rule limits a motion in limine addressed to the admissibility of evidence under the Ridgeway Rules of Evidence, an objection under Rule 22, a motion for relief from prejudicial joinder under Rule 9(d), a motion to dismiss under Rule 13(c), a discovery motion under Rule 14, or a motion for relief under Rule 30.