When Must a Motion to Suppress Be Filed?

The federal rule

• Before trial. Rule 12(b)(3)(C) lists “suppression of evidence” among the motions that “must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits.”
• The deadline. The court “may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions.” If it doesn’t, “the deadline is the start of the trial” (Rule 12(c)(1)). The court may extend or reset it before trial (Rule 12(c)(2)).
• Missing it. A motion filed after the deadline “is untimely. But a court may consider the defense, objection, or request if the party shows good cause” (Rule 12(c)(3)).
• Knowing what to challenge. At or soon after arraignment, the defense may ask the government for notice of the evidence it intends to use, “in order to have an opportunity to move to suppress evidence” (Rule 12(b)(4)(B)).

State courts

Most criminal cases are in state court, under state rules. Deadlines may be measured from arraignment or set by a scheduling order, and the consequences of missing one vary. We haven’t verified each state’s rule, so ask a local defense attorney about the deadline in your case as early as possible.

Why ALPR cases add urgency

The records needed to support a suppression motion, such as the plate image, the hotlist entry, the search logs and confirmation records, may be deleted under short retention periods. Some state laws set limits as short as 21 days. Preservation and discovery requests often need to come well before the motion deadline. See requesting ALPR records in discovery and what happens at a suppression hearing.