What is the effect of a motion to suppress a special circumstance allegation?
California, United States of America
The following excerpt is from People v. Memro, 214 Cal.Rptr. 832, 38 Cal.3d 658, 700 P.2d 446 (Cal. 1985):
2 Other special circumstance allegations which had been charged in connection with the 1976 killings were stricken prior to trial. (See People v. Teron (1979) 23 Cal.3d 103, 151 Cal.Rptr. 633, 588 P.2d 773.)
3 Since none of the exceptions mentioned in section 1538.5 was applicable, the earlier denial of the pretrial motion to suppress was binding on the trial judge with respect to matters covered by that statute. (See 1538.5, subds. (h), (i), (m); Madril v. Superior Court (1975) 15 Cal.3d 73, 77-78, 123 Cal.Rptr. 465, 539 P.2d 33.) Thus, the parties could not relitigate at the trial the legality of appellant's arrest.
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