People v. Johnson

In 1967, the Legislature enacted Penal Code section 1538.5, a provision that, in conjunction with Penal Code section 1539, establishes a systematic and unified procedure for raising and resolving motions that seek to suppress evidence in criminal proceedings on the ground that it has been obtained as a result of an unreasonable search or seizure. In this case we must decide whether, when a suppression motion is brought under section 1538.5, a party is entitled to present its case at the hearing by affidavit instead of live testimony.

At the hearing on the Penal Code section 1538.5 suppression motion challenging a warrantless search and seizure of evidence that the prosecution sought to introduce in this proceeding, it attempted to meet its burden of proof by presenting its case through an affidavit of the police officer who had conducted the challenged search. The prosecution took the position that if defendant wished to cross- examine the officer with regard to the material set forth in the affidavit, defendant bore the burden of issuing a subpoena to the officer in order to obtain his presence at the hearing. The trial court, rejecting the prosecution’s argument,…