What is the effect of section 1538.5 of the California Criminal Code on a search warrant application?

California, United States of America

The following excerpt is from People v. Bonds, 70 Cal.App.4th 732, 83 Cal.Rptr.2d 10 (Cal. App. 1999):

6 Section 1538.5, subdivision (j) provides that "If the people prosecute review by appeal or writ to decision, or any review thereof, ... it shall be binding upon them." As one court puts it, "[t]he plain command of this sentence is that once the People obtain a decision from the appellate court, either by appeal or by writ, they may not relitigate the lawfulness of the search in the trial court or on appeal; they are bound by the decision." (People v. Carrington (1974) 40 Cal.App.3d 647, 649-650, 115 Cal.Rptr. 294.)

** See footnote *, ante.

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