Can a defendant who has pleaded guilty in a federal criminal case bring a motion to suppress or return the evidence?

MultiRegion, United States of America

The following excerpt is from Moncada v. Allison, No. 2:10-CV-3285 JAM GGH P (E.D. Cal. 2011):

not foreclosed from pursuing those constitutional claims in a federal habeas corpus proceeding. See Lefkowitz v. Newsome, 420 U.S. at 293. For example, in California, defendant who plead guilty may challenge the trial court's denial of a motion to suppress if the defendant is challenging the legality of the search and seizure. See Cal. Penal Code 1538.5(m) ("A defendant may seek further review of the validity of a search or seizure on appeal from a conviction in a criminal case notwithstanding the fact that the judgment of conviction is predicated upon a plea of guilty. Review on appeal may be obtained by the defendant provided that at some stage of the proceedings prior to conviction he or she has moved for the return of property or the suppression of the evidence.")

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