Can a motion to suppress be heard by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Huntsman, 152 Cal.App.3d 1073, 200 Cal.Rptr. 89 (Cal. App. 1984):
First, in passing on the legality of a motion to suppress, it is the job of an appellate court to review evidence submitted on the motion in the trial court. (People v. Gibbs, supra, 16 Cal.App.3d at p. 761, 94 Cal.Rptr. 458.) No request for judicial notice was made there.
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