710.20 - Motion to suppress evidence; in general; grounds for.

§ 710.20  Motion to suppress evidence; in general; grounds for.    Upon  motion  of  a  defendant  who  (a)  is  aggrieved by unlawful or  improper acquisition of evidence and has  reasonable  cause  to  believe  that such may be offered against him in a criminal action, or (b) claims  that  improper  identification testimony may be offered against him in a  criminal action, a court may, under  circumstances  prescribed  in  this  article,  order  that  such  evidence be suppressed or excluded upon the  ground that it:    1.  Consists of tangible property obtained by  means  of  an  unlawful  search  and seizure under circumstances precluding admissibility thereof  in a criminal action against such defendant; or    2.  Consists of a record or potential testimony reciting or describing  declarations,  conversations,   or   other   communications   overheard,  intercepted,  accessed,  or  recorded  by  means  of  eavesdropping,  or  observations  made  by  means  of  video  surveillance,  obtained  under  circumstances  precluding  admissibility  thereof  in  a criminal action  against such defendant; or    3.  Consists of a record or potential testimony reciting or describing  a statement of such defendant involuntarily made, within the meaning  of  section 60.45; or    4.    Was  obtained as a result of other evidence obtained in a manner  described in subdivisions one, two and three; or    5. Consists of a chemical test of the defendant's  blood  administered  in  violation  of  the provisions of subdivision three of section eleven  hundred ninety-four of the vehicle and traffic law, subdivision eight of  section forty-nine-a of the navigation law, subdivision seven of section  25.24 of the parks, recreation and historic  preservation  law,  or  any  other applicable law; or    6.    Consists  of potential testimony regarding an observation of the  defendant either at the time or place of the commission of  the  offense  or  upon  some  other  occasion  relevant  to  the case, which potential  testimony would not be admissible upon the  prospective  trial  of  such  charge  owing  to  an  improperly  made  previous  identification of the  defendant by the prospective witness.    7. Consists of information obtained by means of a pen register or trap  and trace device installed or used in violation  of  the  provisions  of  article seven hundred five of this chapter.