Smith v. Superior Court

Opinion

KINGSLEY, J.—

These two petitions raise important questions as to the procedure by which a defendant may obtain a pretrial appellate *733review of a trial court’s ruling on a motion under subdivision (i) of Penal Code section 1538.5.1

A defendant in a felony case, seeking to avoid the use of evidence obtained by an unreasonable search and seizure, has two avenues of attack. He may move to set aside an indictment or information under section 995 of the Penal Code, or he may move to suppress the evidence by a motion under section 1538.5 of the Penal Code (Witkin, Cal. Evidence (2d ed. 1977…