Is a motion to suppress evidence obtained by illegal search and seizure valid?

California, United States of America


The following excerpt is from Saidi-Tabatabai v. Superior Court for Los Angeles County, 253 Cal.App.2d 257, 61 Cal.Rptr. 510 (Cal. App. 1967):

It is well settled that a pretrial motion lies to suppress evidence obtained by illegal search and seizure even in the absence of statutory authority. 'A motion to suppress evidence is a means provided by our practice for determining the question of admissibility of evidence in advance of the time it [253 Cal.App.2d 263] would ordinarily be offered. It is no more than an orderly means of preliminarily disposing of evidentiary issues which otherwise would be determined by motions, objections and rulings later during the trial. An order suppressing evidence, at least insofar as we are here concerned, is the equivalent of an order sustaining an objection to the same evidence, and is subject to the same procedural rules. These rules allow the trial court to reconsider, modify or set aside its order at any time prior to submission of the cause. (Code Civ.Proc., 128, subd. 8.)' (People v. Beasley, 250 Cal.App.2d 71, 77 **, 58 Cal.Rptr. 485, 489.)

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