Section 710.40. Motion to suppress evidence; when made and determined

1.   A motion to suppress evidence must be made after the commencement
  of the criminal action in which such evidence is allegedly about  to  be
  offered,  and,  except  as  otherwise  provided in section 710.30 and in
  subdivision two of this section, it  must  be  made  within  the  period
  provided in subdivision one of section 255.20.
    2.    The  motion  may  be  made  for  the  first  time when, owing to
  unawareness of facts constituting the basis thereof or to other factors,
  the defendant did not have reasonable opportunity  to  make  the  motion
  previously, or when the evidence which he seeks to suppress is of a kind
  specified  in  section  710.30  and  he was not served by the people, as
  provided in said section 710.30, with a pre-trial notice of intention to
  offer such evidence at the trial.
    3.   When the motion is made  before  trial,  the  trial  may  not  be
  commenced until determination of the motion.
    4.    If  after a pre-trial determination and denial of the motion the
  court is satisfied, upon a showing by  the  defendant,  that  additional
  pertinent facts have been discovered by the defendant which he could not
  have  discovered  with  reasonable diligence before the determination of
  the motion, it may permit him to renew the motion before  trial  or,  if
  such  was not possible owing to the time of the discovery of the alleged
  new facts, during trial.