542.414. Suppression of contents, grounds--right of state to appeal suppression motion, when. - Missouri Statutes

Suppression of contents, grounds--right of state to appeal suppressionmotion, when.

542.414. 1. Any aggrieved person in any trial, hearing, orproceeding in or before any court, department, officer, agency, regulatorybody, or other authority of the United States, the state, or a politicalsubdivision thereof, may move to suppress the contents of any interceptedwire 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 wasintercepted is insufficient on its face;

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

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

Such motion shall be made before the trial, hearing, or proceeding unlessthere was no reasonable opportunity to make such motion or the person wasnot aware of the existence of grounds for the motion. If the motion isgranted, the contents of the intercepted wire communication, or evidencederived therefrom or the contents of any communication intercepted as aresult of any extension of the original order authorizing or approving theinterception of wire communication, and any evidence derived therefrom,shall be treated as having been obtained in violation of sections 542.400to 542.422.

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

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