234 Pa. Code r. 581 - Suppression of Evidence
(A) The
defendant's attorney, or the defendent if unrepresented, may make a motion to
the court to suppress any evidence alleged to have been obtained in violation
of the defendant's rights.
(B)
Unless the opportunity did not previously exist, or the interests of justice
otherwise require, such motion shall be made only after a case has been
returned to court and shall be contained in the omnibus pretrial motion set
forth in Rule 578. If timely motion is not made hereunder, the issue of
suppression of such evidence shall be deemed to be waived.
(C) Such motion shall be made to the court of
the county in which the prosecution is pending.
(D) The motion shall state specifically and
with particularity the evidence sought to be suppressed, the grounds for
suppression, and the facts and events in support thereof.
(E) A hearing shall be scheduled in
accordance with Rule 577 (Procedures Following Filing of Motion). A hearing may
be either prior to or at trial, and shall afford the attorney for the
Commonwealth a reasonable opportunity for investigation. The judge shall enter
such interim order as may be appropriate in the interests of justice and the
expeditious disposition of criminal cases.
(F) The hearing, either before or at trial,
ordinarily shall be held in open court. The hearing shall be held outside the
presence of the jury. In all cases, the court may make such order concerning
publicity of the proceedings as it deems appropriate under Rules 110 and
111.
(G) A record shall be made of
all evidence adduced at the hearing.
(H) The Commonwealth shall have the burden of
going forward with the evidence and of establishing that the challenged
evidence was not obtained in violation of the defendant's rights. The defendant
may testify at such hearing, and if the defendant does testify, the defendant
does not thereby waive the right to remain silent during trial.
(I) At the conclusion of the hearing, the
judge shall enter on the record a statement of findings of fact and conclusions
of law as to whether the evidence was obtained in violation of the defendant's
rights, or in violation of these rules or any statute, and shall make an order
granting or denying the relief sought.
(J) If the court determines that the evidence
shall not be suppressed, such determination shall be final, conclusive, and
binding at trial, except upon a showing of evidence which was theretofore
unavailable, but nothing herein shall prevent a defendant from opposing such
evidence at trial upon any ground except its suppressibility.
Notes
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