Can a criminal defendant make a suppression motion at the time of the preliminary hearing?

California, United States of America


The following excerpt is from People v. Robles, E064850 (Cal. App. 2017):

Section 1538.5 affords criminal defendants "'a comprehensive and exclusive procedure'" for seeking to suppress illegally seized evidence prior to trial. (People v. Romeo (2015) 240 Cal.App.4th 931, 940.) A suppression motion may be made, as it was here, at the time of the preliminary hearing before the magistrate. (People v. Brooks (1980) 26 Cal.3d 471, 476; 1538.5, subd. (f).) If the defendant is held to answer at the preliminary hearing, he or she may renew the suppression motion in the superior court at a special de novo hearing. (People v. Brooks, supra, at p. 476; 1538.5, subd. (i).)

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