Can a motion to suppress evidence be appealed pursuant to section 871.5?
California, United States of America
The following excerpt is from People v. Briggs, H041433 (Cal. App. 2015):
The People contend that the magistrate erred in granting the motion to suppress evidence. We note that the People may appeal from the order denying the motion to reinstate the complaint pursuant to Penal Code section 871.5. (Pen. Code, 1238, subd. (a)(9).) Penal Code "section 871.5 is the exclusive method by which the People may obtain a review of a magistrate's order of dismissal." (People v. Mimms (1988) 204 Cal.App.3d 471, 481.)
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