Can a motion to suppress evidence be raised prior to trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mancini, 134 F.3d 380 (9th Cir. 1998):
Under Federal Rule of Criminal Procedure 12(b)(3), a motion to suppress evidence "must" be raised prior to trial; the failure to raise the motion constitutes a waiver. Rule 12(f) allows the district court to grant relief from the waiver "for cause shown." "We review a denial of relief under Federal Rule of Criminal Procedure 12(f) for abuse of discretion." United States v. Kessee, 992 F.2d 1001, 1002 (9th Cir.1993).
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