Section 710.70. Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion


Latest version.
  • 1.   Upon granting a motion to suppress evidence, the court must order
      that the evidence in question be excluded in the criminal action pending
      against the defendant.    When  the  order  is  based  upon  the  ground
      specified  in  subdivision  one  of section 710.20 and excludes tangible
      property unlawfully taken from the defendant's possession, and when such
      property is not otherwise subject to lawful retention,  the  court  may,
      upon  request  of  the  defendant,  further  order that such property be
      restored to him.
        2.  An order finally denying a motion  to  suppress  evidence  may  be
      reviewed   upon  an  appeal  from  an  ensuing  judgment  of  conviction
      notwithstanding the fact that such judgment is entered upon  a  plea  of
      guilty.
        3.  A motion to suppress evidence made pursuant to this article is the
      exclusive  method  of challenging the admissibility of evidence upon the
      grounds specified in section 710.20, and a defendant who does  not  make
      such  a  motion  before or in the course of a criminal action waives his
      right to judicial determination of any such contention.
        Nothing contained in this article, however, precludes a defendant from
      attempting to establish at a  trial  that  evidence  introduced  by  the
      people of a pre-trial statement made by him should be disregarded by the
      jury  or  other trier of the facts on the ground that such statement was
      involuntarily made within the meaning of section 60.45.  Even though the
      issue of the admissibility of such evidence was  not  submitted  to  the
      court,  or  was  determined  adversely to the defendant upon motion, the
      defendant may adduce trial  evidence  and  otherwise  contend  that  the
      statement  was  involuntarily  made.    In the case of a jury trial, the
      court must submit such issue to the jury under instructions to disregard
      such evidence upon a finding that the statement was involuntarily made.