Can a motion to suppress be heard at a preliminary hearing?
California, United States of America
The following excerpt is from People v. Workman, 209 Cal.App.3d 687, 257 Cal.Rptr. 753 (Cal. App. 1989):
"On the other hand if the defendant is held to answer, it is clear that in the absence of a request for a special hearing as provided in subdivision (j), the ruling at the preliminary hearing granting the defendant's motion to suppress shall be binding on the People in the proceedings on the information filed pursuant to the holding order." (People v. Belknap, supra, 41 Cal.App.3d at p. 1030, 116 Cal.Rptr. 664.)
"The most advanced legal research software ever built."
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.
Other Questions
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion? (California, United States of America)
Can a criminal defendant make a suppression motion at the time of the preliminary hearing? (California, United States of America)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
What is the evidence presented in the suppression hearing on the suppression motion? (California, United States of America)
