(a) In superior court, the defendant may move to suppress evidence only prior to trial
unless the defendant did not have reasonable opportunity to make the motion before
trial or unless a motion to suppress is allowed during trial under subsection (b)
(b) A motion to suppress may be made for the first time during trial when the State
has failed to notify the defendant's counsel or, if he has none, the defendant, sooner
than 20 working days before trial, of its intention to use the evidence, and the evidence
(1) Evidence of a statement made by a defendant;
(2) Evidence obtained by virtue of a search without a search warrant; or
(3) Evidence obtained as a result of search with a search warrant when the defendant
was not present at the time of the execution of the search warrant.
(c) If, after a pretrial determination and denial of the motion, the judge 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, he may permit the defendant to renew the motion before
the trial or, if not possible because of the time of discovery of alleged new facts,
When a misdemeanor is appealed by the defendant for trial de novo in superior court,
the State need not give the notice required by this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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