What is the effect of a motion to suppress evidence at a preliminary hearing?
California, United States of America
The following excerpt is from People v. Harbison, A148738 (Cal. App. 2017):
2. Although defendant states his appeal challenges the magistrate's denial of his motion to suppress at the preliminary hearing, actually, his appeal is from the trial court's denial of his renewed motion to suppress based on the preliminary hearing transcript (People v. Torres (2010) 188 Cal.App.4th 775, 783) and we so construe his notice of appeal.
3. The facts are drawn from the transcript of the joint preliminary hearing/motion to suppress evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
Can a motion to suppress evidence be made at a preliminary hearing? (California, United States of America)
What is the test for a motion to suppress evidence that was first brought at the preliminary hearing? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
What is the test for suppressing evidence in a motion to suppress evidence? (California, United States of America)
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion? (California, United States of America)
What is the evidence presented in the suppression hearing on the suppression motion? (California, United States of America)
