Does M.S have forfeited her Fifth Amendment argument?

M.S. has forfeited her Fifth Amendment argument because she did not raise it in the trial court. Her suppression motion regarding the hospital interviews and consent to search her telephone rested on Fourth Amendment grounds only, not the Fifth Amendment. ( People v. Linton (2013) 56 Cal.4th 1146, 1170, 158 Cal.Rptr.3d 521, 302 P.3d 927 [failure to raise Miranda argument in trial court deprives court of opportunity to resolve factual disputes].) Whether M.S. was then in custody, among other issues, was not litigated and the juvenile court made no factual finding on this issue.

Moreover, the officers entry into M.S.s hospital room did not violate her reasonable expectation of privacy. (

[32 Cal.App.5th 1187]