California, United States of America
The following excerpt is from Gershenhorn v. Superior Court, Los Angeles County, 227 Cal.App.2d 361, 38 Cal.Rptr. 576 (Cal. App. 1964):
Pointing to the holding in People v. Justice Court (1960) 185 Cal.App.2d 256, 8 Cal.Rptr. 176, wherein it was held that the People could not review, by mandate or other writ, a pretrial order suppressing evidence found to have been illegally obtained, the People argue that it is unfair to [227 Cal.App.2d 367] expose them to a final ruling on the legality of a search, reviewable by a potential defendant 1 but not by the prosecution. But it is traditional that the prosecution is bound by adverse rulings when the defendant is not, and that it is only by legislative action that exceptions to this concept may be made. (People v. Superior Court (1955) 137 Cal.App.2d 194, 289 P.2d 813.)
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