Kaplan v. Superior Court

Opinion

MOSK, J.

The dispositive question in this proceeding for writ of prohibition is whether the enactment of section 351 of the Evidence Code, declaring generally that “Except as otherwise provided by statute, all relevant evidence is admissible,” operated as a legislative repeal of the “vicarious exclusionary rule” adopted by this court in People v. Martin (1955) 45 Cal.2d 755 [290 P.2d 855], which permits a criminal defendant to object to the introduction of evidence illegally seized from a third person. We conclude the Legislature did not intend to repeal the Martin rule, and defendant…