People v. Chavez
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Penal Code section 1538.5 does not require the trial court to hold an evidentiary hearing when the defendant's stated issue to be decided is not relevant to the motion to suppress.
After defendant was charged with misdemeanor resisting, obstructing, or delaying a peace officer in violation of Penal Code section 148, subdivision (a)(1), he moved to suppress all tangible and intangible evidence pursuant to section 1538.5 on the ground that his initial detention was unlawful. The Court of Appeal denied the motion to suppress, holding that defendant was not entitled to an evidentiary hearing.
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