Can a motion to suppress evidence be made pursuant to section 1538.5?

California, United States of America


The following excerpt is from People v. Municipal Court (Kong), 122 Cal.App.3d 176, 175 Cal.Rptr. 861 (Cal. App. 1981):

In People v. Superior Court (Edmonds) (1971) 4 Cal.3d 605, 94 Cal.Rptr. 250, 483 P.2d 1202, a motion to suppress evidence was made by defendant pursuant to section 1538.5 in superior court prior to trial. It was denied. The case went to court trial and the evidence came in. At the conclusion of the trial, defendant renewed his motion to suppress. It was granted. Before entry of judgment, the People sought mandate to compel the trial court to set aside its order granting the motion to suppress.

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