Suppression of evidence; basis
Sec. 4. (a) Upon a motion to suppress evidence arising from a
warrant, a court may suppress the contents of or evidence derived
from an interception based on:
(1) the grounds that the communication was intercepted in
violation of this article;
(2) the grounds that the warrant or extension under which the
communication was intercepted is insufficient on the face the
warrant or extension;
(3) the grounds that the interception was not made in
conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to
comply with the requirements that limit the use of authorized
interceptions, exists in the application, the warrant, or the
process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the
evidence.
(b) A court may not suppress the contents of or evidence derived
from an interception if the motion to suppress is based on an
immaterial defect in the application, the warrant, or the process of
executing the warrant.
As added by P.L.161-1990, SEC.3.
Last modified: May 24, 2006