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California Penal Code Section 1539

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 1539

(a) If a special hearing is held in a felony case pursuant to
Section 1538.5, or if the grounds on which the warrant was issued
are controverted and a motion to return property is made (i) by a
defendant on grounds not covered by Section 1538.5, (ii) by a
defendant whose property has not been offered or will not be offered
as evidence against the defendant, or (iii) by a person who is not a
defendant in a criminal action at the time the hearing is held, the
judge or magistrate shall proceed to take testimony in relation
thereto, and the testimony of each witness shall be reduced to
writing and authenticated by a shorthand reporter in the manner
prescribed in Section 869.
   (b) The reporter shall forthwith transcribe the reporter's
shorthand notes pursuant to this section if any party to a special
hearing in a felony case files a written request for its preparation
with the clerk of the court in which the hearing was held.  The
reporter shall forthwith file in the superior court an original and
as many copies thereof as there are defendants (other than a
fictitious defendant) or persons aggrieved.  The reporter is entitled
to compensation in accordance with the provisions of Section 869.
In every case in which a transcript is filed as provided in this
section, the clerk  of the court shall deliver the original of the
transcript so filed to the district attorney immediately upon receipt
thereof and shall deliver a copy of the transcript to each defendant
(other than a fictitious defendant) upon demand without cost to the
defendant.
   (c) Upon a motion by a defendant pursuant to this chapter, the
defendant is entitled to discover any previous application for a
search warrant in the case which was refused by a magistrate for lack
of probable cause.

Last modified: January 12, 2009