California, United States of America
The following excerpt is from People v. Miller, 130 Cal.App.4th 241, 29 Cal.Rptr.3d 459 (Cal. App. 2005):
The court remanded the matter for a suppression hearing, holding it had no basis to decide the matter on a theory other than the probation search condition. (People v. Lazalde, supra, 120 Cal.App.4th at p. 865, 15 Cal.Rptr.3d 904.) Thus, the defendant had been deprived of the opportunity to litigate the validity of the search warrant because of the prosecution's reliance on the prior law. (Ibid.) "Appellant raised the issues of the validity of the warrant and the officer's good faith reliance on it in his moving papers. He was foreclosed from pursuing these issues by the prosecution's decision to rely on the probation search condition. At the hearing on the motion to suppress, there was some discussion of circumstances under which the warrant was obtained and served. However, given the context in which this discussion occurred, it would be unfair to appellant for this court to rely on the trial court's remarks as establishing that the officer acted in good faith...." (Ibid.)
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