What is the effect of section 1538.5 of the California Criminal Code on a search warrant?

California, United States of America

The following excerpt is from Eiseman v. Superior Court, 21 Cal.App.3d 342, 98 Cal.Rptr. 342 (Cal. App. 1971):

Section 1538.5, subdivision (j), is plain. The conclusion of the committing magistrate, in view of the failure of the People to follow the procedure set forth in the statute for relitigating de novo the validity of the seizure, '(is) binding on the people * * *.' People v. Heard (1968) 266 Cal.App.2d 747, 72 Cal.Rptr. 374, and Thompson v. Superior Court (1968) 262 Cal.App.2d 98, 68 Cal.Rptr. 530, cited by the Attorney General, are not in point. Neither case

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2. The search was not valid.

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