Section 6.3 Motions to Suppress

• Library: Evidence 2017

B. (§6.3) Motions to Suppress

A motion to suppress is used to exclude illegally obtained evidence, in contrast to a motion in limine, which seeks the exclusion of evidence based on some rule of evidence. State v. Dwyer, 847 S.W.2d 102, 103 (Mo. App. W.D. 1992). Illegally obtained evidence may be suppressed despite being clearly relevant and admissible under the rules of evidence. Id. A motion to suppress is founded on a violation of the defendant’s constitutional right to be free from unreasonable searches and seizures under the U.S. and Missouri constitutions. State v. Galazin, 58 S.W.3d 500, 505 (Mo. banc 2001). A motion to suppress is the proper method to seek suppression of statements claimed to have been obtained during a custodial interrogation, but without the benefit of Miranda warnings (Miranda v. Arizona, 384 U.S. 436 (1966)). State v. Dravenstott, 138 S.W.3d 186, 193 (Mo. App. W.D. 2004).

Motions to suppress are governed by § 542.296, RSMo 2016, and Rule 24.05. Generally, motions to suppress must be in writing and filed before trial. See:

· § 542.296.2 and .3

· Rule 24.05

· Galazin, 58 S.W.3d at 504

· State v. Edwards, 30 S.W.3d 226, 229 (Mo. App. E.D. 2000)

These requirements help avoid delays during trial, allow the State a fair opportunity to respond, and provide the trial court a reasonable opportunity to rule on the motion. Galazin, 58 S.W.3d at 505.

A hearing on a motion to suppress will normally be held and a ruling...