What is the legal test for a motion to suppress evidence obtained as a result of a search and seizure?

California, United States of America


The following excerpt is from The People v. Stallworth, B212449, No. TA094515 (Cal. App. 2010):

search and seizure issues prior to trial." (People v. Brooks (1980) 26 Cal.3d 471, 475.) In the case of a misdemeanor offense, the defendant must make the motion before trial at a special hearing challenging the validity of the search or seizure. ( 1538.5, subd. (g).) In the case of a felony offense initiated by a complaint, the motion may be made at the preliminary hearing before the magistrate. ( 1538.5, subd. (f)(1).) If held to answer at the preliminary hearing, the defendant is entitled to renew or make the motion in the superior court at a special hearing held prior to trial. ( 1538.5, subd. (i).) Accordingly, whether the crime charged is a misdemeanor or a felony, section 1538.5 requires that a "motion for the... suppression of evidence obtained as a result of a search or seizure be made at an early stage." (People v. Brooks, supra, at p. 476.)

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