What is the test for a motion to dismiss for prejudicial prearrest delay?

California, United States of America


The following excerpt is from People v. Melanson, A133688 (Cal. App. 2013):

"We review for abuse of discretion a trial court's ruling on a motion to dismiss for prejudicial prearrest delay [citation], and defer to any underlying factual findings if substantial evidence supports them [citation]." (People v. Cowan (2010) 50 Cal.4th 401, 431.)

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