Editing Miranda warning (section)

===Procedural requirements===
Although the rules vary by jurisdiction, generally a person who wishes to contest the admissibility of evidence{{refn|group="Note"|Evidence includes physical evidence, confessions and identification evidence. Derivative evidence may also be excluded. See Federal Rules of Criminal Procedure 12(b), 41(e) and 41(f) respectively.}} on the grounds that it was obtained in violation of his constitutional rights{{refn|group="Note"|Most motions to suppress are based on violations of Fourth, Fifth, and Sixth Amendments and the due process clauses of the Fifth and Fourteenth Amendments.}} must comply with the following procedural requirements:

# The defendant must file a motion.<ref name="NCDefender">NC Defender Manual, Suppression Motions (NC School of Government 2002)</ref>
# The motion must be in writing.{{refn|group="Note"|Fed. R. Crim. P. 12 allows motions to be made orally or in writing in the court's discretion. But many courts have local rules of practice requiring written motions.}}
# The motion must be filed before trial.<ref>Adams & Blinka, ''Pretrial Motions in Criminal Prosecutions'', 2ed. (Lexis 1998) at 5.</ref>
# The motion must allege the factual and legal grounds on which the defendant seeks suppression of evidence.<ref>Adams & Blinka, ''Pretrial Motions in Criminal Prosecutions'', 2nd ed. (Lexis 1998) at 7. citing United States v. Maldonado, 42 F.3rd 906 (5th Cir. 1995)</ref>{{refn|group="Note"|The defendant should state with some specificity the legal grounds on which he challenges the admissibility of the evidence and should assert all available grounds. Failure to assert a ground may be treated as waiver. The defendant must also assert facts that show that a substantial claim exists. The assertion must be specific, detailed, definite and nonconjectural. Adams & Blinka, ''Pretrial Motions in Criminal Prosecutions'', 2nd ed. (Lexis 1998) at 7. citing ''United States v. Calderon'', 77 F.3rd 6, 9 (1st Cir. 1996) Conclusory statements such as the defendant was "coerced" or "under duress" carry little weight.}}
# The motion must be supported by affidavits or other documentary evidence.{{refn|group="Note"|North Carolina requires that the affidavit be based on first hand knowledge or on information and belief. If information and belief, the affiant must state the source of his information and the reason for his belief that it is true. Attorney are reluctant for the defendant be the affiant. Although statements from the defendant in support of a motion to suppress cannot be used as substantive evidence of guilt, the statements can be used to impeach the defendant's testimony.}}
# The motion must be served on the state.<ref name="NCDefender"/>

Failure to comply with a procedural requirement may result in summary dismissal of the motion.<ref name="NCDefender"/> If the defendant meets the procedural requirement, the motion will normally be considered by the judge outside the presence of the jury. The judge hears evidence, determines the facts, makes conclusions of law and enters an order allowing or denying the motion.<ref>See Fed Rules of Evidence 104(a) & (b)</ref>