In Monterey County, the notice date for a Penal Code § 1538.5 search-and-seizure motion depends on the case stage and, for a misdemeanor, whether time was waived. Local Rule 14.4 sets different 10-court-day triggers for felony and misdemeanor cases. The motion itself also has to identify the evidence, facts, and legal grounds; a missed local date does not automatically mean the evidence is suppressed or the motion is waived.

Identify the case stage and trigger date

Under Monterey Local Rule 14.4, a felony motion must be noticed within 10 court days after arraignment on the information. For a misdemeanor where time has been waived, the trigger is the first misdemeanor pretrial hearing; where time has not been waived, it is the misdemeanor arraignment. The rule allows for good cause, so do not assume a late notice has a predetermined result. Use the actual docket and minute orders to confirm which event occurred and when. (Monterey County Local Rules, Criminal Rule 14.4)

A suppression motion can arise at different points under § 1538.5, including around a preliminary hearing or later felony proceedings. The statutory procedure and local scheduling rule are related but not interchangeable. Counsel should map the local trigger against the case’s present stage, statutory notice requirements, and the court’s calendar before selecting a hearing date. (Penal Code § 1538.5; Monterey County Local Rules, Criminal Rules 14.3–14.4)

Prepare a specific written motion and service record

Penal Code § 1538.5 requires a written motion with a memorandum of points and authorities and proof of service. The motion must identify the particular property or evidence to be suppressed and state the facts and legal grounds relied on. That means counsel needs to connect the challenged search or seizure to specific evidence and explain the legal basis; a general assertion that a search was unlawful does not supply the required case-specific showing. (Penal Code § 1538.5)

For an evidentiary misdemeanor pretrial motion, Monterey Rule 14.8 separately addresses written notice and service before the hearing, generally 10 court days in advance unless the court shortens the period for good cause. Its separate points-and-authorities paragraph requires those papers at least “10 days” before the hearing. Counsel should calendar both requirements and confirm the court’s filing instructions. (Monterey County Local Rule 14.8)

Organize the record promptly

Preserve the complaint or information, arraignment and pretrial minute orders, any time waiver, the warrant and affidavit if there was a warrant, reports, recordings, and a clear list of the evidence the motion challenges. Note when each item was received and the dates of each relevant court event. Do not alter or annotate original evidence. These materials help counsel identify the applicable statutory route, local notice trigger, service recipients, and the facts and authorities for the written motion.

The local-rules index links the current Monterey County rules, effective July 1, 2026. Because § 1538.5 procedure turns on case stage and local rules can change, verify the current rule and calendar before filing. (Monterey County Local Rules; Penal Code § 1538.5)

For the broader search-and-seizure questions that may underlie a motion, see the Law Offices of David S. Chesley’s Salinas criminal-defense page. Call (800) 755-5174 to discuss a Monterey County case.