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In re Amendment to Rule 16.2, Arkansas Rules of Criminal Procedure

Supreme Court of Arkansas
Jun 1, 1981
273 Ark. 550 (Ark. 1981)

Opinion


616 S.W.2d 493 (Ark. 1981) 273 Ark. 550 In re AMENDMENT TO RULE 16.2, ARKANSAS RULES OF CRIMINAL PROCEDURE. No. 81-33. Supreme Court of Arkansas. June 1, 1981.

        PER CURIAM.

        Rule 16.2, is amended to read as follows:

        (a) Objection to the use of any evidence, on the grounds that it was illegally obtained, shall be made by a motion to suppress evidence. The phrase "objection to the use of any evidence, on the grounds that it was illegally obtained," shall include but is not limited to evidence which:

1. Consists of tangible property obtained by means of an unlawful search and seizure; or

2. Consists of a record of potential testimony reciting or describing declarations or conversations overheard or recorded by means of eavesdropping; or 3. Consists of a record or potential testimony reciting or describing a confession or admission of a defendant involuntarily made; or

4. Was obtained as a result of other evidence obtained in a manner described in subdivisions one, two, and three; or

5. Consists of the prospective in-court identification of the defendant based on an unlawful pre-trial confrontation.

        The motion shall be made to the court which is to conduct the trial at which such evidence may be offered in evidence.

        (e) ...

         vi) whether, but for the violation, such evidence would have been discovered; and

        (vii) the extent to which the violation prejudiced moving party's ability to support his motion, or to defend himself in the proceedings in which such evidence is sought to be offered in evidence against him.

        This order shall be effective on September 1, 1981.


Summaries of

In re Amendment to Rule 16.2, Arkansas Rules of Criminal Procedure

Supreme Court of Arkansas
Jun 1, 1981
273 Ark. 550 (Ark. 1981)
Case details for

In re Amendment to Rule 16.2, Arkansas Rules of Criminal Procedure

Case Details

Full title:In re AMENDMENT TO RULE 16.2, ARKANSAS RULES OF CRIMINAL PROCEDURE.

Court:Supreme Court of Arkansas

Date published: Jun 1, 1981

Citations

273 Ark. 550 (Ark. 1981)
273 Ark. 550

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