Arizona

Criminal Procedure

Criminal Procedure

Rule 16.2 – Procedure on Pretrial Motions to Suppress Evidence

(a)Definition. For purposes of this rule, “suppress” refers to the exclusion of evidence that was unlawfully obtained due to a constitutional violation.
(b)Burden of Proof on Pretrial Motions to Suppress Evidence.

(1)Generally. Subject to (b)(2), the State has the burden of proving by a preponderance of the evidence the lawfulness in all respects of the acquisition of all evidence that the State will use at trial.
(2)Defendant’s Burden. If any of the conditions listed below are present, the State’s burden of proof under (b)(1) arises only after the defendant alleges specific circumstances and establishes a prima facie case supporting the suppression of the evidence at issue:

(A) the evidence involves a confession, identification, search, or seizure, and the defendant is entitled under Rule 15 to discover how the evidence was obtained;
(B) defense counsel was present when the evidence was taken; or
(C) the evidence was obtained under a warrant.
(c)Duty of Court to Inform the Defendant. If an issue arises before trial concerning the constitutionality of using specific evidence against the defendant and the defendant is not represented by counsel, the court must inform the defendant that:

(1) the defendant may, but is not required to, testify at a pretrial hearing about the circumstances surrounding the acquisition of the evidence;
(2) if the defendant testifies at the hearing, the defendant will be subject to cross-examination;
(3) by testifying at the hearing, the defendant does not waive the right to remain silent at trial; and
(4) the defendant’s testimony at the hearing, including the fact that such testimony occurred, will not be disclosed to the jury unless the defendant testifies at trial concerning the same matters.

Ariz. R. Crim. P. 16.2

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 16.2, relating to procedure on pretrial motions to suppress evidence, was abrogated effective January 1, 2018.