P.R. Laws Ap. tit. 34A, § II, Rule 234
Any person aggrieved by an illegal search, may request the court referred to in Rule 233, to suppress the evidence obtained by virtue of said search thereunder, or to return the property, on any of the following grounds:
(a) That the property was illegally taken without a search warrant.
(b) That the search warrant is insufficient on its face.
(c) That the property seized or the person or place searched is not that described in the search warrant.
(d) That there was no probable cause for believing the existence of the grounds on which the warrant was issued.
(e) That the warrant was issued or executed illegally.
(f) That any of the affidavits supporting the issuance of the search warrant is insufficient because what had been affirmed under oath in the deposition is totally or partially false.
The motion to suppress evidence shall state the specific facts or reasons that support the ground or grounds upon which it is based. The court shall entertain evidence about any question of fact needed to resolve the request and it shall hold an evidentiary hearing before a magistrate other than the one who shall hear the trial, when dealing with evidence seized with a warrant and the plaintiff shows that a substantial controversy of facts that makes the holding of a hearing necessary; in the absence of such demonstration, the court may rule a motion without prior hearing, on the grounds of the documents presented by the parties.
The court shall be bound to hold an evidentiary hearing prior to the trial and before a magistrate other than the one who will hear the trial when dealing with evidence seized without a warrant if in the request the plaintiff alleges facts or grounds that show that the search or seizure is illegal or unreasonable. The prosecutor shall be bound to contest the presumption of illegality of the search or seizure and shall establish the elements to support the exception corresponding to the requirement of a warrant.
If the motion is allowed, the property shall be returned if there are no legal grounds to prevent it, and will not be admissible as evidence at any hearing or trial. The prosecutor shall be notified of the motion and it shall be presented five (5) days prior to the trial, unless the existence of just cause for not presenting it within said term is demonstrated or the grounds for the suppression are unknown to the defendant or the illegality in obtaining the evidence arises from the evidence of the prosecutor.
History —July 5, 1988, No. 65, p. 292, § 8; June 1, 2007, No. 44, § 1.