What is the test for dismissing or dismissing evidence that supports a claim that an illegal search would occur after the arrest?
California, United States of America
The following excerpt is from People v. Brown, 216 Cal.App.3d 1442, 265 Cal.Rptr. 552 (Cal. App. 1990):
"I really think that this probably is within the meaning of People v. Patrick, the last sentence, quote, defendant could not immunize himself from damaging evidence by discarding that evidence on his subjective assumption that an illegal search would follow his detention, period, end quotes.
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