Effective - 28 Aug 2002
542.414. Suppression of contents, grounds — right of state to appeal suppression motion, when. — 1. Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, the state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire 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 was intercepted is insufficient on its face;
(3) The interception was not made in conformity with the order of authorization or approval; or
(4) The communication was intercepted in violation of the provisions of the Constitution of the United States or the state of Missouri or in violation of a state statute.
Such motion shall be made before the trial, hearing, or proceeding unless there was no reasonable opportunity to make such motion or the person was not aware of the existence of grounds for the motion. If the motion is granted, the contents of the intercepted wire communication, or evidence derived therefrom or the contents of any communication intercepted as a result of any extension of the original order authorizing or approving the interception of wire communication, and any evidence derived therefrom, shall be treated as having been obtained in violation of sections 542.400 to 542.422.
2. In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress made under subsection 1 of this section if the prosecuting attorney shall certify to the court or other official granting such motion that the appeal be taken within thirty days after the date the order was entered and shall be diligently prosecuted.
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(L. 1989 H.B. 277, et al. § 8, A.L. 2002 S.B. 712)
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures
Section 542.010 - Magistrate defined.
Section 542.020 - Certain officers to preserve peace, issue process.
Section 542.030 - Warrant may issue, when.
Section 542.050 - Recognizance — penalty for failure to give.
Section 542.060 - Parties committed, how discharged.
Section 542.070 - Recognizance, where deposited.
Section 542.080 - Recognizance, when broken.
Section 542.090 - Recognizance to be prosecuted, when.
Section 542.100 - Offense stated in record is evidence of breach.
Section 542.110 - Appeal granted, when.
Section 542.120 - Recognizance forfeited on failure to prosecute appeal.
Section 542.130 - Proceedings on appeal.
Section 542.140 - Affray in presence of associate circuit judge.
Section 542.170 - What officers may require aid of persons to disperse rioters.
Section 542.190 - Special deputies and policemen to be residents of state.
Section 542.261 - Peace officer defined.
Section 542.266 - Search warrant defined — who may issue.
Section 542.286 - Warrant to be executed within territorial jurisdiction, exception.
Section 542.291 - Search, when conducted — receipt for property taken.
Section 542.296 - Motion to suppress, grounds for.
Section 542.300 - Prisoners may be searched.
Section 542.400 - Definitions.
Section 542.402 - Penalty for illegal wiretapping, permitted activities.
Section 542.406 - Disclosure of contents — privileged communications.
Section 542.420 - Evidence obtained in violation of law may not be used.
Section 542.422 - Injunctions of felony violations of sections 542.400 to 542.424, procedure.