People v. Logan

This is a motion by the defendant James Logan for an order to suppress evidence premised on the ground that it was obtained by an illegal search and seizure.

It has been briefed by the parties on the theory that the question here is whether there was an illegal search and seizure. However, the real question posed by this motion is whether this court has the power, on a pretrial motion such as this, to pass upon the legal and factual validity of a confession by a defendant, allegedly coerced, pursuant to which confession he made disclosure of the existence of certain contraband (a revolver),…