Motion for Return of Property and to Suppress Evidence

Motion for Return of Property and to Suppress Evidence. A person aggrieved by an unlawful search and seizure may make a motion in court for the return of the property and to suppress for use as evidence anything so obtained. The motion shall be made before trial or hearing unless opportunity did not exist before trial or hearing or the accused was not aware of the ground for the motion, but the court in its discretion may entertain the motion at the trial or hearing. Upon such motion the court shall review any order previously made by the official before whom any search warrant was returned, and shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored unless otherwise subject to lawful detention and it may not be admitted in evidence at any hearing or trial. Source: 12 TTC § 112.