Does a defendant have to make a new search and seizure motion at trial?

California, United States of America


The following excerpt is from People v. Nay, H040384 (Cal. App. 2016):

(1996) 47 Cal.App.4th 264, 273; People v. Superior Court (Edmonds) (1971) 4 Cal.3d 605, 609.) "According to committee reports prepared prior to the enactment of [Penal Code] section 1538.5, the intent underlying that section was to reduce the unnecessary waste of judicial time and effort involved in the prior procedures, whereby search and seizure questions could be repeatedly raised in criminal proceedings." (People v. Superior Court (Edmonds), supra, at p. 610.) The only statutory exception is that a defendant may make a new suppression motion during trial if there was no earlier opportunity to make the motion "or the defendant was not aware of the grounds for the motion . . . ." (Pen. Code, 1538.5, subd. (h).)

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