California, United States of America
The following excerpt is from People v. Massey, 130 Cal.Rptr. 581, 59 Cal.App.3d 777 (Cal. App. 1976):
In People v. Clark (1969), 2 Cal.App.3d 510, 82 Cal.Rptr. 682, a confession had followed an illegal arrest and a violation of Miranda. The appeal was on a certificate issued under section 1237.5, but the court assumed that the matter had properly been raised in the trial court by a 1538.5 motion. That case, apart from the assumption, is not helpful.
[59 Cal.App.3d 782] In People v. Coyle (1969), 2 Cal.App.3d 60, 83 Cal.Rptr. 924, the court held that a 1538.5 motion was a proper way to attack the use by the People of a tape recording of a telephone conversation allegedly unlawfully obtained.
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