626A.12 MOTION TO SUPPRESS EVIDENCE.
Subdivision 1. The motion.
Any aggrieved person may move to suppress the contents of
any intercepted wire, oral, or electronic communication, or evidence derived therefrom on the
(i) the wire, oral, or electronic communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was intercepted is insufficient
on its face;
(iii) the interception was not made in conformity with the order of authorization or approval;
(iv) there was not probable cause for believing the existence of the grounds on which the
warrant was issued; or
(v) the evidence was otherwise illegally obtained.
The court shall hear evidence upon any issue of fact necessary to a determination of the
If the motion is granted, the contents of the intercepted wire, oral, or electronic
communication, or evidence derived therefrom, shall be treated as having been obtained in
violation of this chapter.
If the motion is denied, the order denying such may be reviewed on appeal from a judgment
of conviction notwithstanding the fact that such judgment of conviction is predicated upon a plea
Subd. 1a.[Repealed, 1989 c 336 art 1 s 17
Subd. 2. Time of making motion.
Upon receiving the notice required to be given by section
626A.10, subdivision 2
, a defendant shall make a motion to suppress prior to the commencement
of any trial or hearing in which the communications or conversations claimed to have been
unlawfully obtained are proposed to be offered as evidence, except that the court shall entertain a
motion made for the first time during trial upon a showing that (a) the defendant was unaware
of the interception of communications until after the commencement of the trial, or (b) the
defendant obtained material evidence previously unavailable to the defendant indicating it was
unlawfully obtained, or (c) the defendant has not had adequate time or opportunity to make the
motion before trial.
If a motion has been made and denied before trial, the determination shall be binding upon
the trial court, except that, if it is established that, after the making of such motion, the defendant
obtained additional material evidence of unlawfulness which could not have been obtained with
reasonable diligence before the making of the motion, the court shall entertain another motion, or
a renewal of a motion, during the trial.
When the motion is made before trial, the trial shall not be commenced until the motion
has been determined.
When the motion is made during trial, the court shall, in the absence of the jury, if there be
one, hear evidence in the same manner as if the motion had been made prior to trial, and shall
decide all issues of fact and law.
If no motion is made in accordance with the provisions of this section, the defendant shall
be deemed to have waived any objection during trial to the admission of evidence based on the
ground that such evidence was unlawfully obtained.
Subd. 3. Where motion made.
The motion shall be made in the court having jurisdiction of
the trial, hearing, or proceeding in which the evidence is being sought to be used.
Subd. 4. Examination of communications by court.
In any motion made under this section,
if the court finds necessary to the determination of such motion to consider the contents of the
intercepted communications in question, and the state does not consent to the examination thereof
by the moving party, the court may order the state to deliver such recordings and any transcripts of
the same for the inspection of the court in camera. Upon such delivery the court shall rule on the
motion, and if the moving party objects to such ruling, and the trial is continued to an adjudication
of the guilt of the moving party, the entire recordings shall be preserved by the state, and, in
the event the defendant appeals, shall be made available to the appellate court for the purpose
of determining the correctness of the ruling of the trial judge.
Subd. 5. Appeal by state.
The state shall be allowed to appeal from an order granting a
motion to suppress evidence obtained through intercepted communications, if the prosecuting
attorney shall certify to the judge or other official granting such motion that the appeal is not
taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order
was entered and shall be diligently prosecuted. The appeal shall be made pursuant to rule
of the Rules of Criminal Procedure.
History: 1969 c 953 s 12; 1Sp1981 c 4 art 1 s 183; 1986 c 444; 1988 c 577 s 42,43,62; 1989
c 336 art 1 s 6; art 2 s 8; 1990 c 426 art 2 s 1