What is the legal test for a motion to suppress evidence obtained from an illegal search or seizure?
California, United States of America
The following excerpt is from People v. Torres, 10 Cal. Daily Op. Serv. 12, 296, 116 Cal.Rptr.3d 48, 188 Cal.App.4th 775, 2010 Daily Journal D.A.R. 1 (Cal. App. 2010):
At the preliminary hearing, a defendant may move to suppress evidence obtained from an illegal search or seizure. ( 1538.5, subd. (f).) But doing so will not preserve the issue for appeal. ( People v. Lilienthal (1978) 22 Cal.3d 891, 896, 150 Cal.Rptr. 910, 587 P.2d 706 ( Lilienthal ).) To do that, the defendant may renew the motion to suppress in the trial court, where he is entitled to a hearing de novo. ( 1538.5, subd. (i).)
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