Rule 350. Suppression of Evidence.
A. Motion by attorney or juvenile, if unrepresented. The juvenile’s attorney or the juvenile, if unrepresented, may make a motion to the court to suppress evidence. The motion shall state specifically and with particularity the evidence sought to be suppressed, the grounds for suppression, and the supporting facts and events.
B. Timeliness. Unless the opportunity did not previously exist, or the interests of justice otherwise require, a motion to suppress shall be contained in the omnibus motion set forth in Rule 346. If a timely motion is not made, the issue of suppression of such evidence shall be deemed to be waived.
C. Findings. At the conclusion of the hearing, the court shall enter on the record a statement of findings of fact and conclusions of law as to whether the evidence was obtained in violation of the juvenile’s rights, or in violation of these rules or any statute, and shall make an order granting or denying the relief sought.
D. Decision final and binding. If the court determines that the evidence shall not be suppressed, such determination shall be final, conclusive, and binding at the adjudicatory hearing, except upon a showing of evidence that was unavailable, but nothing in this rule shall prevent a juvenile from opposing such evidence at the adjudicatory hearing upon any ground except its suppressibility.
Comment This rule is designed to provide one single procedure for the suppression of evidence alleged to have been obtained in violation of the juvenile’s rights. This rule extends its coverage to specific provisions in violation of the fourth, fifth, and sixth amendments of the Constitution of the United States and Article I, § § 8 & 9 of the Pennsylvania Constitution. In re R.H., 791 A.2d 331 (Pa. 2002), Commonwealth v. Scott, 369 A.2d 809 (Pa. Super. Ct. 1976); In re Cowell, 364 A.2d 718 (Pa. Super. Ct. 1976). See In re Gault, 387 U. S. 1 (1967).
In all cases, the burden of production is upon the Commonwealth. See In re Betrand, 303 A.2d 486 (Pa. 1973); In re Stoutzenberger, 344 A.2d 668 (Pa. Super. Ct. 1975), citing Commonwealth ex rel. Butler v. Rundle, 239 A.2d 426 (Pa. 1968).
Under paragraph (B), if a motion to suppress is not timely made, it is deemed waived. In re Cox, 402 A.2d 534 (Pa. Super. Ct. 1979). See Commonwealth v. Spriggs, 344 A.2d 880 (Pa. 1975); Commonwealth v. Wylie, 344 A.2d 491 (Pa. 1975).
With regard to the recording and transcribing of the evidence adduced at the proceeding, see Rule 127.
All motions to suppress are to comply with the provisions of Rules 344 and 345.
To join this motion with a motion for return of property, see Comment to Rule 353.
Rule 800 suspends § 5720 of the Wiretapping and Electronic Surveillance Control Act, 18 P. S. § 5720 as being inconsistent with this Rule only insofar as the time frame for making a motion to suppress is concerned.
Official Note
Rule 350 adopted April 1, 2005, effective October 1, 2005.
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