Views from the Bench
| Publication year | 2013 |
| Pages | 12 |
| Citation | Vol. 26 No. 3 Pg. 12 |
May/June 2013
MOTIONS TO SUPPRESS: UNDERSTANDING BURDENS
Judge Paul C. Parr
Motions to suppress seem to cause much confusion. The quality of these motions varies widely. Attorneys' expectations of how those motions and subsequent evidentiary hearings will be handled also vary greatly. I have written this article to provide some understanding regarding the burdens and issues involved with these motions.
Utah Court Rules
The Utah Rules of Criminal Procedure provide only minimal instructions regarding motions to suppress. Rule 12(c) provides that these motions must be raised at least five days prior to trial. See State v. Smith, 2012 UTApp 370, ¶ 5, 293 P.3d 1148 (holding that Rule 12 (c) requires only that the motion be raised five days prior to the actual trial date, and not the first date on which trial was scheduled but later continued). However, practice suggests that these motions should be filed weeks, if not months, in advance of trial. Otherwise, there is insufficient time to deal with the motion, and the trial date would likely be continued. Courts and counsel would be wise to discuss the necessity of motions to suppress at pretrial conferences and, if needed, schedule filing dates well in advance of trial.
Rule 12(d) provides further direction in that it requires that motions to suppress: (1) describe the evidence sought to be suppressed; (2) set forth the standing of the movant to make the application; and (3) specify sufficient legal and factual grounds for the motion to give the opposing party reasonable notice of the issues and to enable the court to determine what proceedings are appropriate to address them. Utah R. Crim. P. 12 (d). Court rules do not provide much else in the way of guidance on procedures for motions to suppress. Nor do the rules discuss specifically the procedures involved in the subsequent evidentiary hearing. Rather, counsel is required to become familiar with case law in this area, as well as the general practice of the court.
Defendant's Burden When Filing a Motion to Suppress
The initial burden on a motion to suppress lies with the defendant. Rule 12(d), discussed above, provides that a motion to suppress must provide sufficient legal and factual grounds to support the requested relief. Id. This requirement has been explained and elaborated in case law, discussed below. These cases make clear that a defendant must set forth enough of a factual and legal basis to establish that there is a legitimate dispute over material facts. An evidentiary hearing is not going to be held unless a motion to suppress is actually filed, and the court determines that there is a sufficient basis to justify an evidentiary hearing.
In State v. Clegg, 2002 UT App 279, 54 P.3d 653, the Utah Court of Appeals explained:
A defendant bears the burden of showing there are material facts in dispute, and an evidentiary hearing is only required when the motion to suppress raises factual allegations that are sufficiently d efinite, specific, detailed, and...
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