What is the test for a motion to suppress evidence pursuant to section 1538.5 of the Illinois Penal Code?
California, United States of America
The following excerpt is from People v. Aho, 166 Cal.App.3d 984, 212 Cal.Rptr. 686 (Cal. App. 1985):
Defendant subsequently filed a notice of motion and motion to suppress evidence pursuant to Penal Code section 1538.5. The trial court denied the motion to suppress on June 22, 1983, upholding a search warrant on the basis of Illinois v. Gates (1983) 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527.
Defendant filed a motion to reconsider, but the motion was denied. Jury trial was set for September 19, 1983.
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