P.C. § 1538.5 Motions and Illegal Detentions: P.C. § 148(a)(1) When Perpetrated During an Unlawful ...
The exclusionary rule does not apply to a new and distinct crime occurring during or immediately after a detention, whether the detention was lawful or not. Therefore, the lawfulness of a suspect’s detention is not relevant at a motion to suppress pursuant to P.C. § 1538.5 when charged only with resisting arrest.
Defendant was arrested and charged with the misdemeanor offense of resisting, obstructing, or delaying a peace officer in the performance of his (or her) duties, pursuant to subdivision (a)(1) of Penal Code § 148. The underlying facts leading to this charge were not described in the Court’s decision. Defendant moved pursuant to P.C. § 1538.5 to suppress, arguing that his initial detention was illegal. The People responded by arguing that defendant was not entitled to such a hearing, submitting that the lawfulness of his detention is irrelevant to the charge of P.C. § 148(a)(1). The trial court agreed, denying defendant’s motion without a hearing. However, the Appellate Department of the Superior Court reversed the trial court’s decision. The Court of Appeal ordered the matter transferred to them.
