California, United States of America
The following excerpt is from People v. Porter, F063717 (Cal. App. 2013):
Appellant suggests that the detention may not be justified on suspicion-of-theft grounds because the People did not argue this point below. (See People v. Williams (1999) 20 Cal.4th 119, 137 ["'[T]he scope of issues upon review must be limited to those raised during argument .... This is an elemental matter of fairness in giving each of the parties an opportunity adequately to litigate the facts and inferences relating to the adverse party's contentions'"].) Again, the record establishes otherwise. The People urged this point both in their moving papers and in argument at the second hearing. On this record, the People met their burden of justifying the detention.
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