710.50 - Motion to suppress evidence; in what courts made.

§ 710.50  Motion to suppress evidence; in what courts made.    1.    The particular courts in which motions to suppress evidence must  be made are as follows:    (a)   If an indictment is pending in  a  superior  court,  or  if  the  defendant  has  been  held by a local criminal court for the action of a  grand jury, the motion must be made in the superior court in which  such  indictment  is  pending  or  which  impaneled or will impanel such grand  jury.  If the superior court which will impanel such grand jury  is  the  supreme court, the motion may, in the alternative, be made in the county  court of the county in which the action is pending;    (b)    If  a  currently  undetermined felony complaint is pending in a  local criminal court, the motion must be  made  in  the  superior  court  which  would  have trial jurisdiction of the offense or offenses charged  were an indictment therefor to result;    (c)   If an information,  a  simplified  information,  a  prosecutor's  information  or  a  misdemeanor complaint is pending in a local criminal  court, the motion must be made in such court.    2.  If after a motion has been made in and determined  by  a  superior  court  a  local criminal court acquires trial jurisdiction of the action  by reason of an information, a prosecutor's information or a misdemeanor  complaint  filed  therewith,  such  superior  court's  determination  is  binding  upon  such  local criminal court.   If, however, the motion has  been made in but not yet determined by the superior court at the time of  the filing of such information, prosecutor's information or  misdemeanor  complaint,  the  superior  court  may  not determine the motion but must  refer it to the local criminal court of trial jurisdiction.