Corpus delicti

The corpus delicti rule, as modified by People v. Alvarez, above, applies at felony preliminary examinations. (Jones v. Superior Court, 96 Cal. App. 3d 390, 396, 157 Cal. Rptr. 809 (1st Dist. 1979); Rayyis v. SuperiorRayyis v. Superior Court, 133 Cal. App. 4th 138, 147, 35 Cal. Rptr. 3d 12 (2d Dist. 2005); People v. Herrera, 136 Cal. App. 4th 1191, 1200, 39 Cal. Rptr. 3d 578 (4th Dist. 2006); People v. Powers-Monachello, 189 Cal. App. 4th 400, 408, 116 Cal. Rptr. 3d 899 (1st Dist. 2010).) However, the failure to make a corpus objection at a preliminary hearing waives the issue. (People v. Sally, 12 Cal. App. 4th 1621, 1627, 16 Cal. Rptr. 2d 161 (2d Dist. 1993).)

The rule does not apply to a violation of probation hearing. (People v. Monette, 25 Cal. App. 4th 1572, 1574, 31 Cal. Rptr. 2d 203 (4th Dist. 1994). See also U.S. v. Hilger, 728 F.3d 947, 949 (9th Cir. 2013) (federal version of the rule does not apply to supervised release revocation proceedings).)

The rule does not apply at a Penal Code § 1538.5 suppression hearing, even in a DUI/accident case where the officer did not observe driving. (People v. Saunders, 26 Cal. App. 4th Supp. 21, 24, 32 Cal. Rptr. 2d 195 (App. Dep't Super. Ct. 1994).)