California, United States of America
The following excerpt is from People v. Superior Court (Bowden), 135 Cal.Rptr. 306, 65 Cal.App.3d 511 (Cal. App. 1976):
We note by reason of its ruling on the authority to detain the court below was precluded from making factual determinations necessary to the resolution of other issues raised by the defendants. In view of the lack of findings by the trial court on those issues, we decline to rule on the legality of the police conduct after the occupants were ordered from the garage and remand the matter to the trial court with the direction that it vacate its order granting the motions to suppress the evidence and thereafter conduct further proceedings for the limited purpose of making factual determinations on the other unresolved issues previously raised by defendants in their motions pursuant to Penal Code section 1538.5. Since a full de novo hearing has been had, additional evidence should be allowed only if the standards set forth in Madril v. Superior Court (1975) 15 Cal.3d 73, 123 Cal.Rptr. 465, 539 P.2d 33, are satisfied.
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