Does a defendant fail to preserve the issue of whether a search violated the Fourth Amendment of the United States Constitution?

California, United States of America

The following excerpt is from People v. Hart, 74 Cal.App.4th 479, 86 Cal.Rptr.2d 762 (Cal. App. 1999):

The defendant failed to preserve the issue of whether the search violated the Fourth Amendment of the United States Constitution because she did not raise the issue at trial. (People v. Lilienthal (1978) 22 Cal.3d 891, 150 Cal.Rptr. 910, 587 P.2d 706.) To obtain review of the issue of whether a search was valid, the defendant must tender the issue to the trial judge. (Id. at pp. 896-897, 150 Cal.Rptr. 910, 587 P.2d 706.) The defendant did not do so here.

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