What is the effect of a motion to suppress evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Funderburk, E063744 (Cal. App. 2016):

Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and a brief statement of the facts, and identifying a few potential arguable issues: (1) whether defendant waived his right to appeal the renewed section 1538.5 motion to suppress filed after the preliminary hearing; (2) whether "the entry of the deputies into [defendant's] residence violate[d] the Fourth Amendment's proscription that execution of an arrest warrant does not allow a general search"; (3) whether the search of the garage violated the Fourth Amendment; (4) whether there was consent to search defendant's cell phone; and (5) whether defense counsel's failure to have the renewed motion to suppress evidence decided by the superior court constituted ineffective assistance of counsel.

Defendant was offered an opportunity to file a personal supplemental brief, which he has not done.

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