A denied search-and-seizure motion may remain reviewable after a guilty or no-contest plea, but the issue must have been preserved through the correct procedure. A felony ruling made only by a preliminary-hearing magistrate may not be enough: in a typical felony case, the superior court generally must have had an opportunity to review the suppression issue before judgment. The answer depends on what motion was filed, which court ruled, and how the plea was entered. (Penal Code § 1538.5(m); People v. Lilienthal; People v. Richardson.)
Check where the suppression motion was decided
Penal Code section 1538.5(m) provides for review of a suppression ruling after a guilty or no-contest plea when the statutory requirements are met. But Lilienthal and Richardson explain a procedural problem in a felony case: if the only ruling came from the magistrate at the preliminary hearing, an appeal from the later superior-court judgment ordinarily does not turn that ruling into a superior-court decision. A certified plea after the preliminary hearing can make this issue especially important. Do not assume that a preliminary ruling was preserved without checking the record and the precise plea route. (§ 1538.5; Penal Code § 859a; Lilienthal; Richardson.)
This concerns a motion to suppress evidence under section 1538.5. It does not mean every ruling about statements, evidence, or plea negotiations can be appealed after a plea. A challenge to whether the plea itself was valid is a different issue with separate requirements.
Is a certificate of probable cause required?
For an appeal limited to denial of a suppression motion under section 1538.5, California Rule of Court 8.304(b)(2)(A) does not require a certificate of probable cause. A challenge to the validity of the plea generally does require the statement and certificate described by Penal Code section 1237.5 and rule 8.304(b)(1). Identifying the actual appellate claim matters; combining it with a plea-validity challenge can change what must be filed. (Penal Code § 1237.5; California Rules of Court, rules 8.304 and 8.308.)
What is the notice deadline?
For an ordinary felony appeal, rule 8.308(a) generally requires a notice of appeal within 60 days after judgment. That is not a universal deadline for every type of case or appeal. Confirm the judgment date and applicable appellate rules immediately; a deadline should not be calculated from the date of the suppression hearing or plea discussions. (California Rules of Court, rule 8.308(a).)
Ask counsel to review the written suppression motion, hearing transcript, preliminary-hearing record, any later superior-court ruling, plea paperwork, judgment date, and the precise appellate claim. A post-plea suppression appeal is a procedural possibility, not a prediction that the evidence will be excluded or the judgment reversed.
For background on suppression motions, see the California motion to suppress evidence page.
The Law Offices of David S. Chesley handles California criminal defense matters. Call (800) 755-5174 to discuss the record and deadlines.