Can a motion to suppress evidence be made under section 1538.5 of the California Evidence Code?

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, 162 Cal.Rptr. 177, 605 P.2d 1306.) Under section 1538.5, subdivision (f)(1), a motion to suppress may be filed independently or at the preliminary hearing. The

[193 Cal.Rptr.3d 105]

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, 85 Cal.Rptr. 493.)