2.8

• Jurisdiction: Arizona

§ 2.8 Defendant’s Testimony at Suppression Hearing

Under Ariz. R. Crim. P. 16.2 (a), “[w]henever an issue concerning the constitutionality of the use of specific evidence against the defendant arises before trial, and the defendant is not represented by counsel, the court shall inform the defendant” of his rights under Rule 16.2(a), namely, that: (1) he need not testify at a pretrial hearing; (2) if he does testify, he will be subject to cross-examination; (3) if he testifies at the hearing, he is not waiving his right to remain silent during the trial; and (4) if he testifies at the hearing, this fact cannot be mentioned to the jury unless he testifies at trial concerning the same matters. See also State v. Juarez, 203 Ariz. 441, 444 n. 6, 55 P.3d 784, 787 n. 6 (App. 2002) (Div. 1) (defendant may testify at a suppression hearing, and his testimony is not admissible at his trial unless he testifies about those same matters at trial), citing Simmons v. United States, 390 U.S. 377, 394 (1968) (“hold[ing] that when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection”); Ariz. R. Crim. P. 16.2(a)(4) (“If the defendant does testify at the [suppression] hearing, neither this fact nor his or her testimony at the hearing shall be mentioned to the jury unless he or she testifies at trial concerning the same matters.”).

§ 2.9 Participation of Federal...