Supreme Court of California

Neither Code of Civil Procedure section 2009 nor any other statute expressly authorizes the use of affidavits in lieu of live testimony at suppression hearings held pursuant to Penal Code section 1538.5. Penal Code sections 1538.5 and 1539 require parties to present testimony at the hearing through live witnesses, whose demeanor and credibility can be evaluated by the magistrate or judge presiding at the hearing, rather than by means of written affidavits.

Appellate Information

• Decided 05/22/2006
• Published 05/22/2006

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Gary T. Yancey and Robert J. Kochly, District Attorneys, and Doug McMaster, Deputy District Attorney, for Plaintiff and Appellant.


• For Appellees:
  
• David C. Coleman III, Public Defender, Jonathan Laba and Ron Boyer, Deputy Public Defenders, for Defendant and Respondent.