22-3215.Motion to suppress confession or admission.(1) Prior to the preliminary examination or trial a defendant may moveto suppress as evidence any confession or admission given by him on theground that it is not admissible as evidence.
(2) The motion shall be in writing and shall allege the grounds uponwhich it is claimed that the confession or admission is not admissible asevidence.
(3) If the motion alleges grounds which, if proved, would show theconfession or admission not to be admissible the court shall conduct ahearing into the merits of the motion.
(4) The burden of proving that a confession or admission is admissibleshall be on the prosecution.
(5) The issue of the admissibility of the confession or admission shallnot be submitted to the jury. The circumstances surrounding the making ofthe confession or admission may be submitted to the jury as bearing uponthe credibility or the weight to be given to the confession or admission.
(6) The motion shall be made before preliminary examination or trial,unless opportunity therefor did not exist or the defendant was not aware ofthe ground for the motion, but the court in its discretion may entertainthe motion at the preliminary examination or the trial.
22-3215.Motion to suppress confession or admission.(1) Prior to the preliminary examination or trial a defendant may moveto suppress as evidence any confession or admission given by him on theground that it is not admissible as evidence.
(2) The motion shall be in writing and shall allege the grounds uponwhich it is claimed that the confession or admission is not admissible asevidence.
(3) If the motion alleges grounds which, if proved, would show theconfession or admission not to be admissible the court shall conduct ahearing into the merits of the motion.
(4) The burden of proving that a confession or admission is admissibleshall be on the prosecution.
(5) The issue of the admissibility of the confession or admission shallnot be submitted to the jury. The circumstances surrounding the making ofthe confession or admission may be submitted to the jury as bearing uponthe credibility or the weight to be given to the confession or admission.
(6) The motion shall be made before preliminary examination or trial,unless opportunity therefor did not exist or the defendant was not aware ofthe ground for the motion, but the court in its discretion may entertainthe motion at the preliminary examination or the trial.
22-3215.Motion to suppress confession or admission.(1) Prior to the preliminary examination or trial a defendant may moveto suppress as evidence any confession or admission given by him on theground that it is not admissible as evidence.
(2) The motion shall be in writing and shall allege the grounds uponwhich it is claimed that the confession or admission is not admissible asevidence.
(3) If the motion alleges grounds which, if proved, would show theconfession or admission not to be admissible the court shall conduct ahearing into the merits of the motion.
(4) The burden of proving that a confession or admission is admissibleshall be on the prosecution.
(5) The issue of the admissibility of the confession or admission shallnot be submitted to the jury. The circumstances surrounding the making ofthe confession or admission may be submitted to the jury as bearing uponthe credibility or the weight to be given to the confession or admission.
(6) The motion shall be made before preliminary examination or trial,unless opportunity therefor did not exist or the defendant was not aware ofthe ground for the motion, but the court in its discretion may entertainthe motion at the preliminary examination or the trial.
