Does a judge have jurisdiction to grant a motion for a second pretrial suppression hearing under section 1538.5?

California, United States of America


The following excerpt is from People v. Nelson, 126 Cal.App.3d 978, 179 Cal.Rptr. 195 (Cal. App. 1981):

We conclude that, having failed to show good cause why the sufficiency of the affidavit offered in support of the search warrant was not challenged at the initial 1538.5 hearing, defendant was not entitled, under section 1538.5, to a second pretrial suppression hearing, and that the trial court acted in excess of its jurisdiction in hearing such second motion; moreover, that the facts of defendant's case do not fall within the exception announced in People v. Brooks, supra, 26 Cal.3d 471, 162 Cal.Rptr. 177, 605 P.2d 1306.

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