What is the effect of a motion to suppress an item of evidence?

California, United States of America


The following excerpt is from People v. Torres, 6 Cal.App.4th 1324, 8 Cal.Rptr.2d 332 (Cal. App. 1992):

The issue before us is not entirely unprecedented. In People v. Gephart, supra, 93 Cal.App.3d 989, 156 Cal.Rptr. 489 (Gephart ), defendants, who were charged 5 in Stanislaus County, successfully brought a section 1538.5 motion to suppress certain items of evidence, one of which was a pistol. The Stanislaus County charges were dismissed and the People took no appeal from that ruling. Subsequently, defendants were charged with robbery in Siskiyou County and the prosecution there sought to introduce the pistol. The Siskiyou County judge refused to give binding effect to the suppression ruling in Stanislaus County, the gun was admitted into evidence, and defendants were convicted.

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