I have consistently mentioned and highlighted the importance of pre-trial motions, even in summary trials. The Pennsylvania Rules of Criminal Procedure is the starting point for pre-trial motions. Rule 575 is the section that handles Motions and Answers. Rule 581 covers the Suppression of Evidence. A Bucks County defendant's criminal defense attorney has a right to make a motion to the court to suppress any evidence alleged to have been obtained in violation of the defendant's rights.
The Motion to Suppress shall state specifically and with particularity the evidence sought to be suppressed, the grounds for suppression, and the facts and events in support thereof. The hearing on the Motion to Suppress shall be in open court and outside the presence of the jury.
The Commonwealth has the burden of going forward with the evidence and of establishing that the challenged evidence was not obtained in violation of the defendant's rights. What this means is, the Commonwealth goes first in presenting their witnesses and evidence to the judge.
The standard of proof at the Motion to Suppress is a "preponderance of the evidence", per Commonwealth ex rel. Butler v. Rundle.
At the conclusion of the hearing, the judge enters on the record a statement of the findings of fact and conclusions of law as to whether the evidence in the Bucks County criminal case was obtained in violation of the defendant's rights, or in violation of these rules or any statute, and shall make an order granting or denying the relief sought.