What is the test for a motion to suppress a confession made under section 1538.5 of the California Criminal Code?

California, United States of America


The following excerpt is from Juma P., In re, 204 Cal.App.3d 1228, 251 Cal.Rptr. 739 (Cal. App. 1988):

[204 Cal.App.3d 1236] The first, which is used rather infrequently, is a pretrial motion to suppress made under the common law rather than under any statutory authority. "Courts of this state have long recognized the existence of a common law motion to suppress illegally obtained statements. [Citations.] However, this common law motion differs from a section 1538.5 motion in its effect in subsequent proceedings.... '[A]ny ruling on the admissibility of an admission or confession made at such a motion is not binding on the court if the People again offer the evidence at the trial.' [Citations.]" (People v. Superior Court (Zolnay), supra,

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