P.R. Laws Ap. tit. 34A, § 1–A, Rule 6.9

2019-02-21 00:00:00+00
Rule 6.9. Suppression of evidence

The minor affected by an illegal search or seizure shall request from the court the suppression of any evidence obtained through such search or seizure on the return of seized property, for any of the following reasons:

(a) The property was illegally seized without a court order.

(b) The court order for search and seizure is insufficient on its face.

(c) The seized property or the person or place searched does not match the description thereof in the court order for search and seizure.

(d) No probable cause existed to believe in the existence of grounds for the court order.

(e) The search order was illegally issued or delivered.

(f) Any sworn statement serving as base for the issuance of the search court order is insufficient because whatever was sworn to was totally and partially false.

(g) Any other reason legally reorganized as a result of the illegality of said search and seizure.

The court will hear the evidence on any question of fact necessary for the resolution of the petition. If the motion is granted, the property shall be returned, if there is no legal basis against it, and it shall not be advisable in evidence in any hearing. The motion shall be filed five (5) days prior to the adjudicative hearing unless there was no opportunity therefor or the minor does not have personal knowledge of the grounds for the motion, or the illegality in obtaining the evidence arises from the evidence introduced by the Prosecutor during the ajudicative hearing.