What is the effect of the Harvey-Madden rule on a suppression issue?
California, United States of America
The following excerpt is from People v. Avilez, F075036 (Cal. App. 2020):
We find the matter must be remanded based on the circumstances of this case. In People v. Wooten (1985) 168 Cal.App.3d 168, this court found the trial court erroneously failed to apply the Harvey-Madden rule to a suppression issue. Wooten remanded the matter "for a hearing on the Harvey-Madden issue," with directions for the trial court to resolve the issue and either reinstate the judgment, order a new trial, or dismiss the case. (Id. at p. 172.)
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