Does a judge err by denying a motion to suppress evidence in a civil case?

California, United States of America


The following excerpt is from People v. Heredia, G040787 (Cal. App. 4/28/2009), G039554, G040787 (Cal. App. 2009):

3. The trial court did not err by denying defendant's motion to suppress evidence because the appellate record shows the police officer, who entered defendant's residence, did so under exigent circumstances pursuant to Brigham City v. Stuart (2006) 547 U.S. 398. Our holding on this point is made without prejudice to defendant's right to file a new motion to suppress evidence in the event the trial court orders a new trial following the Pitchess procedures, described ante.

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