What happens when a defendant has a suppression motion before a judge acting as a superior court judge?

A special hearing occurs before a judge acting as a superior court judge. This is because after a special hearing is held, any review of a defendant's suppression motion may only be raised upon a showing of good cause at trial, or prior to trial by an extraordinary writ of mandate or prohibition filed within 30 days after the denial of his or her motion at the special hearing.⁴ ( 1538.5, subd. (i); Madril v. Superior Court (1975) 15 Cal.3d 73, 77 ["determination of a [section] 1538.5 motion at a special hearing in the superior court ... deprives that court of jurisdiction to reconsider the matter"].) Because the trial court has no jurisdiction to entertain a defendant's motion after a special hearing, a special hearing must therefore occur before a superior court judge acting in that capacity.

This conclusion is also supported by the plain language of subdivision (i) of section 1538.5, which sets forth when a superior court judge may make factual findings at the special hearing. The findings made by a magistrate at a preliminary hearing are "'binding ... as to evidence or property not affected by evidence presented at the special hearing.'" (People v. Bishop (1993) 14 Cal.App.4th 203, 209, quoting 1538.5, subd. (i).) However, "'Where additional evidence is presented, the findings of the magistrate,

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