People v. Superior Court (Jimenez)

In People v. Superior Court (Jimenez) (2002) 28 Cal.4th 798, the trial court granted the defendant's motion to suppress evidence and dismissed the case. Under Penal Code section 1538.5, subdivision (j), the prosecutor was allowed to refile the charges and relitigate a renewed motion to suppress. However, under Penal Code section 1538.5, subdivision (p), "relitigation of the motion shall be heard by the same judge who granted the motion at the first hearing if the judge is available." In Jimenez, the prosecution sought to avoid this provision by exercising a peremptory challenge and thereby rendering the original judge unavailable. However, the California Supreme Court prohibited this maneuver, explaining that it would encourage forum shopping by the prosecution and, in effect, nullify Penal Code section 1538.5, subdivision (p).