Can a motion to suppress evidence be made at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Romeo, A140146 (Cal. App. 2015):

Section 1538.5 affords criminal defendants a procedure by which they may seek suppression of illegally seized evidence. ( 1538.5, subds. (a)(1), (d), (f)(1), (i), (m).) Our high court has said that section 1538.5 "provides a comprehensive and exclusive procedure for the final determination of search and seizure issues prior to trial." (People v. Brooks (1980) 26 Cal.3d 471, 475.) Under section 1538.5, subdivision (f)(1), a motion to suppress may be filed independently or at the preliminary hearing. The Evidence Code, including hearsay rules, applies to section 1538.5 motions. (Evid. Code, 130, 300; Hewitt v. Superior Court (1970) 5 Cal.App.3d 923, 927.)

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