Q: should a motion to suppress evidence illegally searched and seized be made before the indictment?
A:
No. Until the indictment is filed, you won't know what charges are even being brought against you. The district attorney's office is free to add, remove, or amend charges as they see fit.
You would be putting the cart before the horse; until the state provides you with the charges and evidence they actually intend to use against you, you're not really in a position yet to say they can't use that evidence.
Finally, cases are litigated in an order. Indictment comes first, then discovery, then motions. The court is not going to calendar a motion to suppress on a case that hasn't even made it to indictment yet. You wouldn't even have an indictment number to file the motion under.
Attorneys have knowledge of criminal procedure, including what to file and when to file it. This is just another reason why it's so important that you have experienced counsel representing you.
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