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

§ 710.70 Motion to suppress evidence; orders of suppression; effects of\n orders and of failure to make motion.\n 1. Upon granting a motion to suppress evidence, the court must order\nthat the evidence in question be excluded in the criminal action pending\nagainst the defendant. When the order is based upon the ground\nspecified in subdivision one of section 710.20 and excludes tangible\nproperty unlawfully taken from the defendant's possession, and when such\nproperty is not otherwise subject to lawful retention, the court may,\nupon request of the defendant, further order that such property be\nrestored to him.\n 2. An order finally denying a motion to suppress evidence may be\nreviewed upon an appeal from an ensuing judgment of conviction\nnotwithstanding the fact that such judgment is entered upon a plea of\nguilty.\n 3. A motion to suppress evidence made pursuant to this article is the\nexclusive method of challenging the admissibility of evidence upon the\ngrounds specified in section 710.20, and a defendant who does not make\nsuch a motion before or in the course of a criminal action waives his\nright to judicial determination of any such contention.\n Nothing contained in this article, however, precludes a defendant from\nattempting to establish at a trial that evidence introduced by the\npeople of a pre-trial statement made by him should be disregarded by the\njury or other trier of the facts on the ground that such statement was\ninvoluntarily made within the meaning of section 60.45. Even though the\nissue of the admissibility of such evidence was not submitted to the\ncourt, or was determined adversely to the defendant upon motion, the\ndefendant may adduce trial evidence and otherwise contend that the\nstatement was involuntarily made. In the case of a jury trial, the\ncourt must submit such issue to the jury under instructions to disregard\nsuch evidence upon a finding that the statement was involuntarily made.\n