Miranda Warning - Procedural Requirements

Procedural Requirements

Although the rules vary by jurisdiction, generally a person who wishes to contest the admissibility of evidence on the grounds that it was obtained in violation of his constitutional rights must comply with the following procedural requirements:

1. The defendant must file a motion.
2. The motion must be in writing.
3. The motion must be filed before trial.
4. The motion must allege the factual and legal grounds on which the defendant seeks suppression of evidence.
5. The motion must be supported by affidavits or other documentary evidence.
6. The motion must be served on the state.

Failure to comply with a procedural requirement may result in summary dismissal of the motion. If the defendant meets the procedural requirement, the motion will normally be considered by the judge outside the presence of the jury. The judge hears evidence, determines the facts, makes conclusions of law and enters an order allowing or denying the motion.