Can a defendant suppress evidence obtained from an illegal search or seizure at the preliminary hearing?
California, United States of America
The following excerpt is from The People v. Torres, G042010, No. 08NF2894 (Cal. App. 2010):
At the preliminary hearing, a defendant may move to suppress evidence obtained from an illegal search or seizure. ( 1538.5, subd. (f).) But doing so will not preserve the issue for appeal. (People v. Lilienthal (1978) 22 Cal.3d 891, 896 (Lilienthal).) To do that, the defendant may renew the motion to suppress in the trial court, where he is entitled to a hearing de novo. ( 1538.5, subd. (i).)
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