Thе appellant, Marshall Small, was tried by a jury and found guilty under an indictment charging him with viola *765 tion of 18 U.S.C. § 1465. 1 The substance of the charge was that Small had transported in interstate commerce several film strips which were allegedly pornographic in content.
During the course of the trial, Small’s counsel asked for the introduction of a signed statement given by Small to law enforcement offiсials. The statement purported to circumstantiate Small’s defense that the films were purchased for his personal eroticism, rather than for resale in an underground market.
Although Small’s stаtement clearly indicated that he acknowledged possession of the films and that cеrtain segments of the community might label them salacious as opposed to artistic, his counsel sought to suppress the introduction of the films into evidence on the theory that they werе obtained as the result of an illegal search and seizure. The Motion to Suppress, howеver, was submitted for the first time when the government offered the various reels for examination by аn agent of the Federal Bureau of Investigation. The district court held that Small had not met the requirements of Rule 41(e) of the Federal Rules of Criminal Procedure 2 and consequently could not object to the admission of the films. We affirm.
The purpose of Rule 41(e) in requiring Motions to Suppress to be introduced prior to trial is to facilitate a uniform presentation of the fаcts and law to the jury with as few disruptive intervals as possible. Although the trial judge is free to exerсise judicial discretion when a motion is offered for the first time during the trial where there would be obvious prejudice to the defendant, the granting of such a motion is disfavored where counsel was fully aware of the facts prior to trial and had ample opportunity to present the motion. Anderson v. United States, 5 Cir. 1966,
*765 “Whoever knowingly transрorts in interstate or foreign commerce for the purpose of sale or distribution any оbscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indeсent or immoral character, shall be fined not more than $5,000 or imprisoned not more than fivе years, or both.
“The transportation as aforesaid of two or more copies оf any publication or two or more of any article of the character describеd above, or a combined total of five such publications and articles, shall creаte a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable.”
*766 We find no merit in the other questions raised by the appеllant.
Affirmed.
Notes
. § 1405. Transportation of obscene matters for sale or distribution
. SEARCH AND SEIZURE — RULE 41 “(e) Motion for Return of Property and to Suppress Evidence.
A person aggrieved by an unlawful search and seizure may move the district court for the district in which the property was seized for the return of the prоperty and to suppress for use as evidence anything so obtained on the ground that (1) the рroperty was illegally seized without warrant, or (2) the warrant is insufficient on its face, or (3) the prоperty seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored unless otherwise subject to lawful detention and it shall not be admissible in evidence at any hearing or trial. The motion to suppress evidence may also be made in the district where the trial is to bе had. The motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing.”