§ 12-5.1-12 Suppression of evidence.– (a) Any aggrieved person may move to suppress the contents of any interceptedwire, electronic, or oral communication or evidence derived from them on thegrounds that:
(1) The communication was unlawfully intercepted;
(2) The order under which it was intercepted is insufficienton its face;
(3) The interception was not made in conformity with theorder;
(4) Service was not made as provided in § 12-5.1-11; or
(5) The seal provided in § 12-5.1-8(b) is not presentand there is no satisfactory explanation for its absence.
(b) A motion under this section shall be made before thetrial, unless there was no opportunity to make the motion or the person was notaware of the grounds of the motion. If the motion is granted, the contents ofthe intercepted wire, electronic, or oral communication, or evidence derivedfrom them, shall be treated as having been obtained in violation of thischapter. The judge, upon the filing of the motion by the aggrieved person, mayin his or her discretion make available to the aggrieved person or the person'scounsel for inspection any portions of the intercepted communication orevidence derived from them that the judge determines to be in the interests ofjustice.
(c) If the motion shall be made before any court or judgeother than the presiding justice of the superior court, the motion shall betransferred to the presiding justice of the superior court or to an associatejustice of the superior court who shall be designated by the presiding justice,or by the associate justice in charge of the criminal calendar in ProvidenceCounty whenever the presiding justice shall deem it necessary to disqualifyhimself or herself, for hearing and determination. No motion under this sectionshall be heard or determined by a district court in preliminary proceedings orotherwise.
(d) In addition to any other right of appeal, the state, bythe attorney general, shall have the right to appeal from an order allowing amotion to suppress made under this section. The appeal shall be taken withinthirty (30) days after the date of allowance of the motion to suppress. If themotion to suppress is allowed prior to trial, the appeal shall be decided priorto trial. If the motion to suppress is allowed during trial and the attorneygeneral shall claim an appeal, the evidence shall be admitted at trial, and thequestion of admissibility reserved for the supreme court.
§ 12-5.1-12 Suppression of evidence.– (a) Any aggrieved person may move to suppress the contents of any interceptedwire, electronic, or oral communication or evidence derived from them on thegrounds that:
(1) The communication was unlawfully intercepted;
(2) The order under which it was intercepted is insufficienton its face;
(3) The interception was not made in conformity with theorder;
(4) Service was not made as provided in § 12-5.1-11; or
(5) The seal provided in § 12-5.1-8(b) is not presentand there is no satisfactory explanation for its absence.
(b) A motion under this section shall be made before thetrial, unless there was no opportunity to make the motion or the person was notaware of the grounds of the motion. If the motion is granted, the contents ofthe intercepted wire, electronic, or oral communication, or evidence derivedfrom them, shall be treated as having been obtained in violation of thischapter. The judge, upon the filing of the motion by the aggrieved person, mayin his or her discretion make available to the aggrieved person or the person'scounsel for inspection any portions of the intercepted communication orevidence derived from them that the judge determines to be in the interests ofjustice.
(c) If the motion shall be made before any court or judgeother than the presiding justice of the superior court, the motion shall betransferred to the presiding justice of the superior court or to an associatejustice of the superior court who shall be designated by the presiding justice,or by the associate justice in charge of the criminal calendar in ProvidenceCounty whenever the presiding justice shall deem it necessary to disqualifyhimself or herself, for hearing and determination. No motion under this sectionshall be heard or determined by a district court in preliminary proceedings orotherwise.
(d) In addition to any other right of appeal, the state, bythe attorney general, shall have the right to appeal from an order allowing amotion to suppress made under this section. The appeal shall be taken withinthirty (30) days after the date of allowance of the motion to suppress. If themotion to suppress is allowed prior to trial, the appeal shall be decided priorto trial. If the motion to suppress is allowed during trial and the attorneygeneral shall claim an appeal, the evidence shall be admitted at trial, and thequestion of admissibility reserved for the supreme court.
§ 12-5.1-12 Suppression of evidence.– (a) Any aggrieved person may move to suppress the contents of any interceptedwire, electronic, or oral communication or evidence derived from them on thegrounds that:
(1) The communication was unlawfully intercepted;
(2) The order under which it was intercepted is insufficienton its face;
(3) The interception was not made in conformity with theorder;
(4) Service was not made as provided in § 12-5.1-11; or
(5) The seal provided in § 12-5.1-8(b) is not presentand there is no satisfactory explanation for its absence.
(b) A motion under this section shall be made before thetrial, unless there was no opportunity to make the motion or the person was notaware of the grounds of the motion. If the motion is granted, the contents ofthe intercepted wire, electronic, or oral communication, or evidence derivedfrom them, shall be treated as having been obtained in violation of thischapter. The judge, upon the filing of the motion by the aggrieved person, mayin his or her discretion make available to the aggrieved person or the person'scounsel for inspection any portions of the intercepted communication orevidence derived from them that the judge determines to be in the interests ofjustice.
(c) If the motion shall be made before any court or judgeother than the presiding justice of the superior court, the motion shall betransferred to the presiding justice of the superior court or to an associatejustice of the superior court who shall be designated by the presiding justice,or by the associate justice in charge of the criminal calendar in ProvidenceCounty whenever the presiding justice shall deem it necessary to disqualifyhimself or herself, for hearing and determination. No motion under this sectionshall be heard or determined by a district court in preliminary proceedings orotherwise.
(d) In addition to any other right of appeal, the state, bythe attorney general, shall have the right to appeal from an order allowing amotion to suppress made under this section. The appeal shall be taken withinthirty (30) days after the date of allowance of the motion to suppress. If themotion to suppress is allowed prior to trial, the appeal shall be decided priorto trial. If the motion to suppress is allowed during trial and the attorneygeneral shall claim an appeal, the evidence shall be admitted at trial, and thequestion of admissibility reserved for the supreme court.
