Is advance notice required for a motion to suppress at the preliminary hearing?
California, United States of America
The following excerpt is from Bruner v. Superior Court, 207 Cal.App.3d 1193, 255 Cal.Rptr. 462 (Cal. App. 1989):
In People v. Ciraco (1986) 181 Cal.App.3d 1142, 226 Cal.Rptr. 541, the court considered whether advance notice to the People of a motion to suppress at the preliminary hearing is required. The court first pointed out that "[t]he phrase 'at the preliminary hearing' means during the preliminary hearing." (Id., at p. 1145, 226 Cal.Rptr. 541.) The court then concluded that the motion may be oral and made without advance notice to the People.
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