Does the Attorney General have a valid argument to justify the search as a search incident to a lawful arrest?

The Attorney General also attempts to justify the search as a search incident to a lawful arrest. Although defendant's trial counsel asserted the search of defendant's car was not a valid search incident to arrest, the People did not assert this justification for the search in the opposition to defendant's suppression motion, and did not argue for it at the hearing on the motion. Legal theories in support or in opposition to a suppression motion cannot be raised for the first time on appeal. (Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 640.) The Attorney General's contention is forfeited.