California, United States of America
The following excerpt is from People v. Burns, 20 Cal.App.4th 1266, 25 Cal.Rptr.2d 230 (Cal. App. 1993):
A defendant may seek appellate review of the validity of a search or seizure following a conviction "notwithstanding the fact that such judgment of conviction is predicated upon a plea of guilty." ( 1538.5, subd. (m).) However, the statute authorizing such appellate review specifies that to obtain such review, the defendant must "at some stage of the proceedings prior to conviction [have] moved for the return of property or the suppression of the evidence." (Ibid.) It is well settled that although a motion to suppress may be made in the municipal court ( 1538.5, subd. (f)), the phrase "at some stage of the proceedings" in subdivision (m) means the proceedings in the superior court. (People v. Lilienthal (1978) 22 Cal.3d 891, 896-897, 150 Cal.Rptr. 910, 587 P.2d 706.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.