Martin v. City and County of San Francisco
135 CAL.APP.4TH 392, 37 CAL.RPTR.3D 470, 36 ENVTL. L. REP. 20,003, 2006 DAILY JOURNAL D.A.R. 120, 06 CAL. DAILY OP. SERV. 45, 2005.CA.0011711
In the Court of Appeal of the State of California First Appellate District Division Four
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In 1967, the Legislature enacted Penal Code section 1538.5, a provision that, in conjunction with section 1539, establishes a systematic and unified procedure for raising and resolving motions that seek to suppress evidence in criminal proceedings on the ground that it has been obtained as a result of an unreasonable search or seizure. In this case we must decide whether, when a suppression motion is brought under section 1538.5, a party is entitled to present its case at the hearing by affidavit instead of live testimony.
- Category: Law
- Published: Dec 29, 2005
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 22 Pages
- Language: English