How have the courts dealt with a motion to suppress evidence?

California, United States of America


The following excerpt is from Hewitt v. Superior Court, 5 Cal.App.3d 923, 85 Cal.Rptr. 493 (Cal. App. 1970):

The contraband which is the subject of the present proceeding was seized in a search of petitioners' car. At the hearing on petitioners' motion to suppress evidence, it was stipulated that the search of the automobile was conducted without a search warrant. The burden was therefore on the prosecution to prove that the search was reasonable. (Badillo v. Superior Court (1956) 46 Cal.2d 269, 272, 294 P.2d 23.) The prosecution nevertheless resisted the motion only by offering in evidence the transcript of an earlier hearing of a motion to set aside the information under Penal Code section 995; that transcript in turn included the transcript of the preliminary examination as to one of the petitioners. At the preliminary[5 Cal.App.3d 927] examination, an officer had testified to the circumstances of the arrest of petitioners and the

Page 495

Other Questions


In reviewing a motion to suppress evidence, does the court defer to the factual findings of the trial court? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for suppressing evidence in a motion to suppress evidence? (California, United States of America)
How have the courts dealt with a motion to suppress evidence of a videotaped interview with the police? (California, United States of America)
In a motion to suppress evidence, what is the effect of the denial of a motion by the Superior Court of Appeal? (California, United States of America)
How have the courts dealt with a motion to suppress evidence of a videotaped interview with the police? (California, United States of America)
How have courts dealt with the omission of the full text of rule 5-101 in the body of a motion to dismiss a motion for introduction of evidence on lack of notice? (California, United States of America)
When reviewing a motion to suppress evidence, does the court have to accept the findings of the trial court? (California, United States of America)
How have the courts dealt with a defendant's multiple motions to suppress evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.