California, United States of America
The following excerpt is from Peopel v. Schoennauer, 103 Cal.App.3d 398, 163 Cal.Rptr. 161 (Cal. App. 1980):
The law offers an accused two pretrial avenues of challenging the admissibility of evidence allegedly obtained from an illegal search and seizure. Sections 1538.5, subdivision (m) provides that proceedings pursuant to sections 995 and 1538.5, as well as sections 1238 and 1466, are to be considered the sole and exclusive remedies prior to conviction to test the unreasonableness of a search or seizure. There is no reference in section 1538.5, subdivision (m) or any other section of the Penal Code that the determination of one motion precludes the determination of the other motion. "(T)he motion to suppress provided for by (section 1538.5, subdivision (m)) is an alternative to and not necessarily in lieu of the older procedure under section 995." (People v. Superior Court (1969) 276 Cal.App.2d 581, 584, 81 Cal.Rptr. 42, 44.)
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