What are the consequences of denying a motion to suppress evidence and admitting a confession?
California, United States of America
The following excerpt is from People v. Mack, 165 Cal.Rptr. 113, 27 Cal.3d 145, 611 P.2d 454 (Cal. 1980):
"The errors of denying defendant's motion to suppress evidence and admitting defendant's confession are necessarily prejudicial and reversible errors. '(A) confession obtained from a defendant in violation of constitutional guarantees is prejudicial per se and requires reversal regardless of other evidence of guilt.' (People v. Fioritto (1968) 68 Cal.2d 714, 720, 68 Cal.Rptr. 817, 820, 441 P.2d 625, 628.) If a defendant is to be convicted, he is entitled to be convicted only on relevant, nonprejudicial evidence. (People v. Guerrero (1976) 16 Cal.3d 719, 730, 129 Cal.Rptr. 166, 548 P.2d 366.)"
1 Statutory references are to sections of the Penal Code unless otherwise noted.
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