What is the test for a search and seizure motion?

California, United States of America


The following excerpt is from People v. Kidd, 248 Cal.Rptr.3d 234, 36 Cal.App.5th 12 (Cal. App. 2019):

the search and seizure matter before the superior court under the standards governing a section 995 motion. "]; People v. Gephart (1979) 93 Cal.App.3d 989, 996-997, 156 Cal.Rptr. 489 ["Under the statutory scheme of ... sections 995, 999a, and 1538.5, an accused may have up to seven opportunities to challenge the validity of a temporary detention, arrest, or search and seizure," including a motion to suppress the evidence at the preliminary hearing pursuant to section 1538.5, subd. (f), a motion to set aside the information pursuant to section 995, and a special hearing pursuant to section 1538.5, subd. (i) ].)

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