Can a defendant make a motion to suppress evidence obtained as a result of a warrantless search on the ground the search was unreasonable?
California, United States of America
The following excerpt is from Cox v. Superior Court, 19 Cal.App.4th 1046, 23 Cal.Rptr.2d 751 (Cal. App. 1993):
A defendant may move to suppress evidence obtained as the result of a warrantless search on the ground the search was unreasonable. ( 1538.5, subd. (a)(1).) "If the property or evidence relates to a felony offense initiated by a complaint, the motion shall be made in the superior court only upon filing of an information, except that the defendant may make the motion at the preliminary hearing in the municipal or justice court but the motion in the municipal or justice court shall be restricted to evidence sought to be introduced by the people at the preliminary hearing." ( 1538.5, subd. (f).)
[19 Cal.App.4th 1050] In People v. Ciraco (1986) 181 Cal.App.3d 1142, 226 Cal.Rptr. 541, we held the
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