626.21 RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.
A person aggrieved by an unlawful search and seizure may move the district court for the
district in which the property was seized or the district court having jurisdiction of the substantive
offense for the return of the property and to suppress the use, as evidence, of anything so obtained
on the ground that (1) the property was illegally seized, or (2) the property was illegally seized
without warrant, or (3) the warrant is insufficient on its face, or (4) the property seized is not
that described in the warrant, or (5) there was not probable cause for believing the existence of
the grounds on which the warrant was issued, or (6) the warrant was illegally executed, or (7)
the warrant was improvidently issued. The judge 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 shall not be admissible in evidence at any
hearing or trial. The motion to suppress evidence may also be made in the district where the trial
is to be had. The motion shall be made before trial or hearing unless opportunity therefor did not
exist or the defendant was not aware of the grounds for the motion, but the court in its discretion
may entertain the motion at the trial or hearing.
History: 1963 c 850 s 1; 1998 c 254 art 2 s 71