Can a motion to exclude evidence based on an unlawful search and seizure be made below?

California, United States of America


The following excerpt is from The People v. Corelleone, No. B223186, No. KA088493 (Cal. App. 2011):

With respect to the search and seizure of appellant's vehicle, the record contains no indication that a motion to exclude evidence based on an unlawful search and seizure was made below. In any event, the record before us indicates that the evidence against appellant consisted principally of his victim's testimony, and he suffered no prejudice from the search and seizure of his vehicle. Moreover, according to the probation report and appellant's brief, appellant's vehicle was impounded when appellant was arrested and taken to the police department for booking. Under these circumstances, an inventory search was proper. (See People v. Redd (2010) 48 Cal.4th 691, 721-722.)

We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.2

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