KY: Mid-trial suppression motion was here timely

Defendant’s suppression motion came at trial as soon as it was first revealed there was a search and seizure. The motion was timely, and the trial court erred in not conducting a mid-trial suppression hearing. Matlock v. Commonwealth, 344 S.W.3d 138 (Ky. App. 2011):

Shanks and Higdon rely on two different triggering events that indicate the timeliness of such an objection. In Shanks, the court focused on the evidence and the point during trial when it was proffered. In Higdon, the court looked to the witnesses and found that an objection is timely when made during the testimony of the first witness who testifies regarding the circumstances of the search and seizure. It is plausible that several witnesses might testify regarding the circumstances of the search and seizure before the actual items are offered into evidence. In such a case, Higdon would control and require the objection be made during the first such witness’s testimony. Shanks adds an additional requirement, that the objection occur before or at the same time the seized items are first offered into evidence.

It is clear that this case complies both with Shanks and with Higdon. The objection was made prior to cross-examination of Chief Goforth, the Commonwealth’s first witness, when the seized items were first offered into evidence. Therefore, the objection was timely.