Can a prosecution appeal from an order of a magistrate dismissing a felony complaint after suppressing evidence as the product of illegal search and seizure?

California, United States of America


The following excerpt is from People v. Mimms, 204 Cal.App.3d 471, 251 Cal.Rptr. 672 (Cal. App. 1988):

People v. Randall involved a People's appeal under section 1466 from an order of a magistrate dismissing a felony complaint after suppressing evidence as the product of an illegal search and seizure under section 1538.5. The issue was whether the prosecution was limited to the special hearing procedure prescribed in section 1538.5, subdivision (j), upon the filing of an information or whether an appeal pursuant to section 1466 was available prior to the filing of an information. It was held that the prosecution's [204 Cal.App.3d 477] exclusive method of obtaining a review of the magistrate's order was that set out in section 1538.5, subdivision (j). (35 Cal.App.3d at p. 977, 111 Cal.Rptr. 590.)

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