Rule 2.12 – Suppression of evidence obtained by an unlawful search and seizure

May 13, 2021 | Criminal Procedure, Iowa

2. 12(1)Motion to suppress evidence. A person aggrieved by an unlawful search and seizure may move to suppress for use as evidence anything so obtained on any of the following grounds:

a. The property was illegally seized without a warrant.
b. The warrant is insufficient on its face.
c. The property seized is not that described in the warrant.
d. There was not probable cause for believing the existence of the grounds on which the warrant was issued.
e. The warrant was illegally executed. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored to its owner or legal custodian unless otherwise subject to lawful detention, and it shall not be admissible in evidence at any hearing or trial.

The motion shall be made as provided in rules 2.11(2) to 2.11(4).

2. 12(2)Discretionary review of interlocutory order. Any party aggrieved by an interlocutory order affecting the validity of a search warrant or the suppression of evidence, except in simple misdemeanors, may apply for discretionary review of the order in advance of trial.

See also rule 2.70

Iowa. R. Crim. P. 2.12

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 37; amendment 1979; amendment 1980; Report November 9, 2001, effective February 15, 2002