Rodriguez

Criminal defendants routinely file motions at the outset of their cases to suppress the evidence against them. When a judge grants such a motion, the prosecution may decide to dismiss the case and refile charges. But if the prosecution does refile such charges, Penal Code section 1538.5, subdivision (p) 1 provides that any suppression motion the defendant subsequently files must be heard by the “same judge” who granted the prior motion so long as that judge is “available.” The question before us is whether trial courts are vested with discretion to decide whether a judge is available under section 1538.5(p), and if so, what limitations constrain that discretion.

What we hold is that although trial courts possess broad discretion to distribute business within their courts and make determinations concerning the availability of judges, that discretion must be exercised in a manner consistent with constraints imposed by section 1538.5(p). In light of the statute’s text, as well as its purpose of prohibiting prosecutorial forum shopping, the trial court’s discretion should be exercised in accordance with the following understanding: A judge may be found unavailable for…

Concurring.—I concur in the judgment and join in the court’s conclusion that a presiding judge must take reasonable steps in good faith to ensure that the same judge who granted an earlier suppression motion is assigned to hear the relitigated suppression motion. (Maj. opn., ante, at p. 691.) However, I disagree with two aspects of the majority’s analysis.

The majority states that cases involving the “same judge” rule of Penal Code section 1538.5, subdivision (p) (section 1538.5(p)), “command at least as great a showing of impracticability” as was required in People v. Arbuckle (1978) 22 Cal.3d 749 [ 150 Cal.Rptr. 778 , 587 P.2d 220 ], (Maj. opn., ante, at p. 692.) Arbuckle is analytically different. We did not find, there, that a presiding judge had discretion to assign a defendant’s sentencing hearing to a different judge from the one who accepted his plea agreement. Nor did we establish a threshold level of impracticability that would justify such an assignment. Arbuckle was based on a contract enforcement analysis. The defendant agreed to plead guilty upon the implied assurance he would be sentenced by a certain judge. If circumstances arose which prevented the honoring of…

I. BACKGROUND

On February 24, 2010, the People filed a complaint in Santa Clara County Superior Court charging defendant Adam Sergio Rodriguez with one count of possession of child pornography (§ 311.11, subd. (a)) and one count of misdemeanor marijuana possession (Health & Saf. Code, § 11357, subd. (c)). On September 1, 2010, Rodriguez moved under section 1538.5(a) to suppress all evidence seized from his desktop computer, arguing that this evidence was obtained after police had entered Rodriguez‘s home without a warrant or proper consent. Judge Diane Northway, sitting as a magistrate, denied this motion and held Rodriguez to answer. Rodriguez filed a renewed suppression motion in superior court on January 3, 2011, pursuant to section 1538.5(i), which permits a defendant who ―was held to answer at the preliminary hearing‖ to ―renew or make the motion [to suppress] at a special hearing relating to the validity of the search or seizure.‖ Judge

2 Vincent Chiarello granted the renewed motion on May 2, 2011, finding that statements made by police outside Rodriguez‘s home rendered any consent to search the premises involuntary. The suppressed evidence included images and video…