Can a motion to suppress a criminal complaint be appealed from a suppression order?

California, United States of America


The following excerpt is from Cash v. Superior Court, 110 Cal.Rptr. 612, 35 Cal.App.3d 226 (Cal. App. 1973):

In any event, section 1466 cannot be considered as authority for appeals from suppression orders other than in misdemeanor cases (see 1538.5, subd. (j); Adams v. Superior Court, 8 Cal.App.3d 569, 87 Cal.Rptr. 667), and it should not be construed as authorizing an appeal from a magistrate's [35 Cal.App.3d 232] dismissal of a felony complaint following the granting of a motion to suppress. Absent other evidence upon which a defendant can be held to answer the dismissal is a ministerial act flowing from the order suppressing the evidence and adds nothing insofar as adjudicating the rights of the People; to allow the People to utilize the dismissal as a means of reviewing the suppression order would thwart the clear legislative purpose expressed in section 1538.5 and would exalt form over substance by permitting them to do indirectly what they may not do directly.

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