Does a motion to suppress need to be submitted to the superior court?
California, United States of America
The following excerpt is from People v. Vizcarra, No. B218398 (Cal. App. 4/26/2010), No. B218398. (Cal. App. 2010):
Where, as here, a motion to suppress was submitted to the superior court on the preliminary hearing transcript, we disregard the superior court's findings and review the determination of the magistrate who originally ruled on the motion. (People v. Thompson (1990) 221 Cal.App.3d 923, 940.)
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