What is the test for determining whether a defendant is limited to a single section 1538.5 pretrial hearing in the superior court?

California, United States of America


The following excerpt is from People v. Brooks, 162 Cal.Rptr. 177, 26 Cal.3d 471, 605 P.2d 1306 (Cal. 1980):

The People rely on Madril v. Superior Court (1975) 15 Cal.3d 73, 123 Cal.Rptr. 465, 539 P.2d 33, for the proposition that a defendant is limited to a single section 1538.5 pretrial hearing in the superior court. We held in Madril that "determination of a 1538.5 motion at a special hearing in the superior court whether in the defendant's or in the People's favor deprives that court of jurisdiction to reconsider the matter unless the People, pursuant to subdivision (j), seek to reopen the matter At trial upon a showing of good cause." (Id. at pp. 77-78, 123 Cal.Rptr. at p. 467, 539 P.2d at p. 35.) The Madril holding would appear at

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