Rule 24.05 Misdemeanors or Felonies - Motions to Suppress

If a defendant wants to keep certain evidence out of a criminal trial, they need to ask the court to suppress it before the trial starts. This is done by filing a motion, which is a formal written request to the judge.

That said, the judge has some flexibility here. Even if the request wasn't made before trial, the judge can still choose to hear a motion to suppress evidence while the trial is happening. This gives the court room to deal with evidence issues that come up unexpectedly, even after things are already underway.

In short, the normal rule is to raise these issues early, before trial begins. But the judge isn't locked into that timeline and can decide to address a suppression request later if the situation calls for it.