KANSAS STATUTES AND CODES

22-3216. Motion to suppress illegally seized evidence.

22-3216

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 32.--PROCEEDINGS BEFORE TRIAL

22-3216. Motion to suppress illegally seized evidence.(1) Prior to the trial a defendant aggrieved by an unlawful search andseizure may move for the return of property and to suppress as evidenceanything so obtained.

(2) The motion shall be in writing and state facts showing wherein thesearch and seizure were unlawful. The judge shall receive evidence on anyissue of fact necessary to determine the motion and the burden of provingthat the search and seizure were lawful shall be on the prosecution. If themotion is granted then at the final conclusion of the case, the court shallorder the suppressed evidence restored to the party entitled thereto,unless it is otherwise subject to lawful detention.

(3) The motion shall be made before trial, in the court havingjurisdiction to try the case, unless opportunity therefor did not exist orthe defendant was not aware of the ground for the motion, but the court inits discretion may entertain the motion at the trial.

(4) A motion to suppress illegally seized evidence may be made before orduring a preliminary examination. If the motion is granted the suppressedevidence shall be held subject to further order of the magistrate. If thedefendant is bound over for trial, the suppressed evidence shall thereuponbecome subject to the orders of the district court. If the defendant is notbound over and if no further proceedings are instituted on the particularcharge or involving the particular suppressed evidence within ninety (90)days after the granting of the order, then the magistrate shall order thesuppressed evidence restored to the party entitled thereto, unless it isotherwise subject to lawful detention.

History: L. 1970, ch. 129, § 22-3216; L. 1971, ch. 114, § 5; July 1.