§ 710.10 Motion to suppress evidence; definitions of terms. As used in this article, the following terms have the following meanings: 1. “Defendant” means a person who has been charged by an accusatory instrument with the commission of an offense. 2. “Evidence,” when referring to matter in the possession of or available to a prosecutor, […]
§ 710.20 Motion to suppress evidence; in general; grounds for. Upon motion of a defendant who (a) is aggrieved by unlawful or improper acquisition of evidence and has reasonable cause to believe that such may be offered against him in a criminal action, or (b) claims that improper identification testimony may be offered against him […]
§ 710.30 Motion to suppress evidence; notice to defendant of intention to offer evidence. 1. Whenever the people intend to offer at a trial (a) evidence of a statement made by a defendant to a public servant, which statement if involuntarily made would render the evidence thereof suppressible upon motion pursuant to subdivision three of […]
§ 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 […]
§ 710.50 Motion to suppress evidence; in what courts made. 1. The particular courts in which motions to suppress evidence must be made are as follows: (a) If an indictment is pending in a superior court, or if the defendant has been held by a local criminal court for the action of a grand jury, […]
§ 710.60 Motion to suppress evidence; procedure. 1. A motion to suppress evidence made before trial must be in writing and upon reasonable notice to the people and with opportunity to be heard. The motion papers must state the ground or grounds of the motion and must contain sworn allegations of fact, whether of the […]
§ 710.70 Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion. 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 […]
