Section 9.43 General Requirements

• Library: Criminal Practice 2012 Supp

1. (§9.43) General Requirements

Motions to suppress are governed by § 542.296, RSMo 2000. The motion shall be in writing and shall be filed with the court in which criminal proceedings relating to the subject matter of the seizure are pending. Section 542.296.2. The motion should be made before trial if the grounds for it are known. Section 542.296.3; Rule 24.05. If the motion is not made before trial, the court, in its discretion, may entertain the motion during trial, although courts are discouraged from having the hearing on the motion to suppress as part of the trial of the case. State v. Young, 534 S.W.2d 585 (Mo. App. W.D. 1976).

A hearing on the motion should be held before trial; at the hearing, the judge shall receive evidence on any necessary issue of fact. Section 542.296.6. Notice must be given to the prosecutor regarding the date, time, place, and nature of the hearing. Section 542.296.4. The defendant may testify at the suppression hearing, and any statements are not admissible at the subsequent trial. United States v. Salvucci, 448 U.S. 83 (1980). Although the Court...