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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