What is the test for granting a motion of no confidence in a search warrant?

California, United States of America


The following excerpt is from People v. Rudin, 143 Cal.Rptr. 360, 77 Cal.App.3d 139 (Cal. App. 1978):

2 "Conceivably, further factual exploration of the circumstances surrounding the . . . (entry and execution of the search warrant) at a hearing on a 1538.5 motion may justify the granting of such a motion and a later dismissal of the action. We, however, only deal with the order that was made." (People v. Ramirez, supra, p. 157, 84 Cal.Rptr. p. 105.)

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