People v. Johnson

Opinion

GEORGE, C. J.

In 1967, the Legislature enacted Penal Code section 1538.5, a provision that, in conjunction with Penal Code 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.

At the hearing on the Penal Code section…