California Penal Code Section 871.5 Case Example

In People v. Salzman (1982) 131 Cal. App. 3d 676 182 Cal. Rptr. 748, the court squarely held that section 871.5 gives the superior court jurisdiction to review an order of a magistrate dismissing a felony complaint following the granting of a section 1538.5 motion to suppress evidence. (Salzman, supra, 131 Cal. App. 3d at p. 679.) See also People v. Superior Court (Feinstein) (1994) 29 Cal. App. 4th 323 34 Cal. Rptr. 2d 503 magistrate's actions had the effect of a dismissal under 871, and use of 871.5 was proper; People v. Slaughter (1984) 35 Cal. 3d 629 200 Cal. Rptr. 448, 677 P.2d 854 standard of review for a ruling under 871.5.