☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 542

Effective - 28 Aug 2002 bottom

  542.414.  Suppression of contents, grounds — right of state to appeal suppression motion, when. — 1.  Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, the state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire communication, or evidence derived therefrom, on the grounds that:

  (1)  The communication was unlawfully intercepted;

  (2)  The order of authorization or approval under which it was intercepted is insufficient on its face;

  (3)  The interception was not made in conformity with the order of authorization or approval; or

  (4)  The communication was intercepted in violation of the provisions of the Constitution of the United States or the state of Missouri or in violation of a state statute.  

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Such motion shall be made before the trial, hearing, or proceeding unless there was no reasonable opportunity to make such motion or the person was not aware of the existence of grounds for the motion.  If the motion is granted, the contents of the intercepted wire communication, or evidence derived therefrom or the contents of any communication intercepted as a result of any extension of the original order authorizing or approving the interception of wire communication, and any evidence derived therefrom, shall be treated as having been obtained in violation of sections 542.400 to 542.422.

  2.  In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress made under subsection 1 of this section if the prosecuting attorney shall certify to the court or other official granting such motion that the appeal be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

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(L. 1989 H.B. 277, et al. § 8, A.L. 2002 S.B. 712)


---- end of effective   28 Aug 2002 ----

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