In what circumstances will a defendant be remanded in custody for a search warrant search but not remand?
California, United States of America
The following excerpt is from People v. Doolaege, A129590 (Cal. App. 2011):
In contrast to People v. Lazalde, supra, 120 Cal.App.4th 858, here, not only was the expectation of privacy litigated, defendant did not do anything to prevent the prosecution from fully litigating the validity of the search. Thus, a remand is not necessary and would not be just under the circumstances. (See id. at pp. 865866.)
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