Pre-Trial Motions To Suppress Statements

• Jurisdiction: Maryland

II. Pre-trial motions to suppress statements

A. Standing to file a motion to suppress statements

Because the Fifth Amendment privilege against compelled self-incrimination is a personal right, the defendant may seek to exclude only statements that were obtained in violation of the defendant's rights. In Raras v. State, 140 Md. App. 132, 164-66 (2001), the Court of Special Appeals held that the defendant lacked standing to challenge the voluntariness of a third party's confession. In Colorado v. Connelly, 479 U.S. 157, 166 (1986), the Supreme Court held that a constitutional challenge to a statement requires governmental or state action. Similarly, in Pappaconstantinou v. State, 352 Md. 167, 180 (1998), the Court of Appeals held that "Maryland's common law voluntariness requirement does not apply to confessions elicited by purely private conduct."

B. Fed. R. Crim. P. 12

In federal court, a motion to suppress evidence must be filed before trial. Fed. R. Crim. P. 12(b)(3)(C). The trial court may, at arraignment or as soon afterward as practicable, set a deadline to file pre-trial motions and may schedule a motions hearing. Fed. R. Crim. P. 12(c)(1). Pursuant to Fed. R. Crim. P. 12(b)(4)(A), at arraignment or as soon afterward as practicable, the Government must notify the defendant of its intent to use evidence at trial, which affords the defendant an opportunity to object before trial under Fed. R. Crim. P. 12(b)(3)(C).

The defendant waives a request to suppress evidence under Fed. R. Crim. P. 12(b) (3)(C) if the defendant fails to file a motion to suppress by the deadline set by the trial court or any extension granted, but the trial court has the discretion to consider the request if the defendant shows "good cause." Fed. R. Crim. P. 12(c)(3). The trial court must decide every pre-trial motion before trial unless it finds good cause to defer its ruling. Fed. R. Crim. P. 12(d). The court may not defer a ruling on a pre-trial motion if deferral will adversely affect the defendant's right to appeal. Id. When factual issues are involved in deciding a motion, the court must state its findings in writing or on the record. Id. All proceedings at a pre-trial motions hearing, including findings of fact and conclusions of law, must be made on the record. Fed. R. Crim. P. 12(f).

C. Md. Rule 4-251 (motion to suppress in District Court)

A pre-trial motion to suppress in District Court (1) must be made in writing, unless the trial court orders otherwise; and (2) must state the grounds on which it is made and the relief sought. Md. Rule 4-251.

D. Md. Rule 4-252 (motion to suppress in Circuit Court)

1. Burden of pleading

The defendant has the burden of pleading in a motion to suppress, setting forth facts that, if established, would render the statement inadmissible. Hof v. State, 337 Md. 581, 606-07 (1995) (explaining that State's burden to prove voluntariness of a statement is only trigged by "proper objection," as prescribed by Md. Rule 4-252). Statements include written and oral statements made by the defendant that relate to the offense(s) charged. Md. Rule 4-263(d)(1).

An unlawfully obtained admission, statement, or confession must be raised pre-trial under Md. Rule 4-252(a)(4). A pre-trial suppression motion must be filed within 30 days after the earlier of the entry of appearance of counsel or the first appearance of the defendant in Circuit Court. Md. Rule 4-252(b).

When discovery discloses a basis for a...