Supreme Court of California

When a magistrate at the preliminary hearing grants a defendant's second motion to suppress and then dismisses the case for insufficient evidence, Penal Code section 1538.5(p) prohibits the prosecution from filing a new complaint without new evidence relevant to the suppression motion. But reinstatement of the complaint per section 871.5(a) is still possible, as it is not a relitigation of the suppression motion.

Appellate Information

• Decided 01/23/2004
• Published 01/23/2004

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  John D. Phillips, District Attorney, Kevin A. Hicks and David Wellenbrock, Deputy District Attorneys, for Plaintiff and Appellant., Dennis L. Stout, District Attorney (San Bernardino), Grover D. Merritt and Mark A. Vos, Deputy District Attorneys, for California District Attorneys' Association as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• William J. Arzbaecher III, under appointment by the Supreme Court, and Erlinda G. Castro, Berkeley, under appointment by the Court of Appeal, for Defendant and Respondent.